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Meeting Packet — Tourism, Infrastructure & Energy Subcommittee (February 8, 2022)

Summary

Meeting packet for the Tourism, Infrastructure & Energy Subcommittee of the Commerce Committee, Tuesday, February 8, 2022, 8:00 AM in Reed Hall (102 HOB). The agenda lists HB 1163 Sales Tax Exemptions for Hydrogen Products by Overdorf, HB 1303 Northeast Florida Regional Spaceport Authority by Duggan, HB 1435 Code and Traffic Enforcement by Leek, and proposed committee substitutes for HB 673 (Tourist Development Taxes) and HB 1517 (Motor Vehicles). The staff analysis of HB 1163 states that the bill creates a sales tax exemption for green hydrogen and defines that term. The packet ends with a summary of Amendment 1 by Representative Smith, D. to PCS for HB 1517, which removes the provision authorizing a temporary tag to be valid for 60 days.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Meeting Packet — Tourism, Infrastructure & Energy Subcommittee (February 8, 2022).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-08-3103-tourism-infrastructure-energy-subcommittee-meeting-pac-3776b24224/, SHA-256 f1a02e0ba4971f75456aeeab443698c29280c7120c08bb34ba30b31842c6785d.

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        Tourism, Infrastructure & Energy
                 Subcommittee
                Tuesday, February 8, 2022
                   8:00 am – 10:00 am
                  Reed Hall (102 HOB)




                  Meeting Packet




Chris Sprowls                               Brad Drake
Speaker                                          Chair
                 The Florida House of Representatives
                                        Commerce Committee
                       Tourism, Infrastructure & Energy Subcommittee
Chris Sprowls                                                                                    Brad Drake
Speaker                                                                                               Chair


                                    Meeting Agenda
                                   Tuesday, February 8, 2022
                                     8:00 AM – 10:00 AM
                                     Reed Hall (102 HOB)

   I.      Call to Order

   II.     Roll Call

   III.    Welcome and Opening Remarks

   IV.     Consideration of the following bill(s):

           HB 1163 Sales Tax Exemptions for Hydrogen Products by Overdorf
           HB 1303 Northeast Florida Regional Spaceport Authority by Duggan
           HB 1435 Code and Traffic Enforcement by Leek
           Consideration of the following proposed committee substitute(s):
           PCS for HB 673 -- Tourist Development Taxes
           PCS for HB 1517 -- Motor Vehicles

   V.      Closing Remarks

   VI.     Adjournment




                303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
                                                (850) 717-4870
HB 1163
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1163 Sales Tax Exemptions for Hydrogen Products
SPONSOR(S): Overdorf
TIED BILLS:       IDEN./SIM. BILLS:

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

  2) Ways & Means Committee

  3) Commerce Committee


                                            SUMMARY ANALYSIS
Hydrogen can be produced using a process called electrolysis, which splits water into hydrogen and oxygen.
When renewable energy is used as the source of electricity to power an electrolyzer, the resulting hydrogen is
referred to as green hydrogen. In Florida, NextEra Energy plans to propose a 20-megawatt project that will
produce 100 percent green hydrogen from solar power.

Florida law provides a sales and use tax exemption on the purchase of machinery and equipment necessary to
produce electrical or steam energy resulting from burning boiler fuels other than residual oil. There is also a
sales tax exemption for various items purchased for use as a combustible fuel in an industrial manufacturing,
processing, compounding, or production.

The bill provides that machinery and equipment necessary to produce electrical or steam energy that results
from burning hydrogen is exempt from sales and use tax. The bill also provides that hydrogen is exempt from
sales and use tax when purchased for use as a combustible fuel in an industrial manufacturing, processing,
compounding, or production process at a fixed location.

The bill creates a sales tax exemption for green hydrogen and defines that term. The bill exempts from sales
and use tax:
    The purchase of machinery and equipment primarily used in the production, storage, transportation,
        compression, or blending of green hydrogen.
    The purchase of machinery and equipment primarily used in the production, storage, transportation,
        compression, or blending of ammonia derived from green hydrogen, if the ammonia will be converted
        back to green hydrogen before its use or sale.
    The purchase of machinery and equipment that are necessary to produce electrical energy resulting
        from the electrochemical reaction of green hydrogen and oxygen in a fuel cell. The electrical energy
        must be primarily used in manufacturing, processing, compounding, or producing for sale items of
        tangible personal property in this state.

The bill provides that purchasers of machinery and equipment qualifying for this exemption must furnish the
vendor with an affidavit stating that the item or items to be exempted will be used for the purposes specified in
the exemption, unless the purchaser has self-accrual authority. The bill incorporates existing penalties for
submitting a fraudulent claim.

The bill has an approximately $200,000 recurring negative fiscal impact to state government revenues, and a
$100,000 recurring negative fiscal impact to local government revenues.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1163.TIE
DATE: 2/6/2022
                                                    FULL ANALYSIS

                                             I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Current Situation

        Green Hydrogen

        Hydrogen is the simplest and smallest element in the periodic table, and no matter how hydrogen is
        produced, it ends up with the same carbon-free molecule. The pathways to produce hydrogen are
        diverse, and so are the emissions of greenhouse gases like carbon dioxide (CO 2) and methane (CH4)
        that result from the production of many types of hydrogen.1

        Some methods of producing hydrogen, mainly grey hydrogen2 and blue hydrogen,3 use methane or
        coal to power the production process. Hydrogen may also be produced using a process called
        electrolysis, which splits water into hydrogen and oxygen.4 When renewable energy is used as the
        source of electricity to power an electrolyzer,5 the resulting hydrogen can result in zero greenhouse gas
        emissions 6 and is referred to as green hydrogen. Electrolyzers range in size, varying from small
        appliance-sized units to larger-scale central production facilities that can be tied directly to renewable
        forms of electricity production to power the unit.7

        While utilizing green hydrogen could help reduce emissions, the production of green hydrogen is capital
        intensive.8 The production cost of green hydrogen must significantly decrease for it to be competitive
        with more mature carbon-based pathways of energy production.9

        Green hydrogen can be used for a variety of purposes, including:
            Replacing existing hydrogen feedstock in areas like oil refining, ammonia production, and
              steelmaking;
            Replacing natural gas in some residential and commercial heating systems;
            Energy storage;
            As an alternative fuel source; and
            Powering fuel-cell vehicles.10




1 World Economic Forum, What is Green Hydrogen       and Why Do We Need It? An Expert Explains (Dec. 21, 2021)
https://www.weforum.org/agenda/2021/ 12/ what-is-green-hydrogen-expert-explains-benefits/ (last visited Feb. 4, 2022).
2 Grey hydrogen is traditionally produced from methane that is split with steam into carbon dioxide and hydrogen. Id.
3 Blue hydrogen production follows the same process as grey hydrogen production, but also includes the technology

necessary to capture the carbon dioxide produced when hydrogen is split from methane. Id.
4 Id.
5 The process of electrolysis uses an electrolyzer, which is a system that uses electricity to break water into hydrogen and

oxygen. Cummins, Inc., Electrolyzers 101: What They Are, How They Work , and Where They fit in a Green Economy,
https://www.cummins.com/news/2020/11/16/electrolyzers -101-what -they-are-how-they -work-and-where-they-fit-green-
economy (last visited Feb. 4, 2022).
6 Office of Energy Efficiency & Renewable Energy, Hydrogen Production: Electrolysis, U.S. Department of Energy,

https://www.energy.gov/eere/fuelcells/hydrogen -production-electrolysis (last visited Feb. 6, 2022).
7 Id.
8 World Economic Forum, supra note 1.
9 Office of Energy Efficiency &Renewable Energy, supra note 6.
10 Jason Deign, 5 Early Applications for Green Hydrogen (Jan. 2, 2020), https://www.greentechmedia.com/articles/read/5-

early-applications-for-green-hydrogen (last visited Feb. 6, 2022).
STORAGE NAME: h1163.TIE                                                                                              PAGE: 2
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        NextEra Energy’s Green Hydrogen Project

        In Florida, NextEra Energy11 plans to propose a 20-megawatt electrolyzer that will produce 100 percent
        green hydrogen from solar power.12 The green hydrogen produced by the electrolyzer would replace a
        portion of the natural gas consumed by the utility’s existing Okeechobee plant. The electricity to power
        the electrolyzer would come from solar power.13

        Sales Tax Exemptions

        Florida law provides numerous exemptions from sales and use tax. 14 One sales tax exemption is for the
        purchase of machinery and equipment used at a fixed location in which the machinery and equipment
        is necessary to produce electrical or steam energy resulting from burning boiler fuels other than
        residual oil. This electrical or steam energy must be primarily used in the manufacturing, processing,
        compounding, or producing for sale items of tangible personal property in Florida. 15

        Another sales tax exemption is for natural gas, residual oil, recycled oil, waste oil, solid waste material,
        coal, sulfur, wood, wood residue, and wood bark when purchased for use as a combustible fuel in
        industrial manufacturing, processing, compounding, or production at a fixed location. This exemption
        may not be used unless the purchaser signs a certificate stating that the fuel is being purchased
        exclusively for a designated purpose. This exemption does not apply to the use of boiler fuels that are
        not used in manufacturing, processing, compounding, or producing items of tangible personal property
        for sale.16

        Florida’s sales tax law, does not currently define or reference the term “green hydrogen.” 17

        Effect of the Bill

        The bill provides that machinery and equipment necessary to produce electrical or steam energy that
        results from burning hydrogen is exempt from sales and use tax.

        The bill also provides that hydrogen is exempt from sales and use tax when purchased for use as a
        combustible fuel in an industrial manufacturing, processing, compounding, or production process at a
        fixed location.

        The bill creates a sales and use tax exemption for green hydrogen. The bill defines the term "green
        hydrogen" to mean hydrogen created using an electrolytic process powered from renewable energy
        sources, including solar energy, wind energy, and geothermal energy. The term also includes hydrogen
        created using the pyrolytic decomposition of methane gas.

        Under the bill, the following are exempt from sales and use tax:
            The purchase of machinery and equipment primarily used18 in the production, storage,
               transportation, compression, or blending of green hydrogen. The machinery and equipment
               must be used at a fixed location.
            The purchase of machinery and equipment primarily used in the production, storage,
               transportation, compression, or blending of ammonia derived from green hydrogen, if the


11 Florida Power & Light Company, a subsidiary of NextEra Energy, operates as one of Florida’s four investor-owned

electric utilities.
12 Stromska, Karl-Erik, NextEra Energy to Build Its First Green Hydrogen Plant in Florida (July 24, 2020),

https://www.greentechmedia.com/articles/read/nextera-energy-t o-build-its-first-green-hydrogen-plant-in-florida (last visited
Feb. 4, 2022).
13 Id.
14 S. 212.08, F.S.
15 S. 212.08(5)(c), F.S.
16 S. 212.08(7)(b), F.S.
17 Department of Revenue (DOR), Agency Analysis of 2022 House Bill 1163, p.2. (Jan. 12, 2022).
18 The bill defines the term “primarily used" to mean a use of at least 50 percent.
STORAGE NAME: h1163.TIE                                                                                               PAGE: 3
DATE: 2/6/2022
                ammonia will be converted back to green hydrogen before its use or sale. The machinery and
                equipment must be used at a fixed location.
               The purchase of machinery and equipment that are necessary to produce electrical energy
                resulting from the electrochemical reaction of green hydrogen and oxygen in a fuel cell. The
                electrical energy must be primarily used in manufacturing, processing, compounding, or
                producing for sale items of tangible personal property in this state. The machinery and
                equipment must be used at a fixed location.

        The bill provides that purchasers of machinery and equipment qualifying for this exemption must furnish
        the vendor with an affidavit stating that the item or items to be exempted are for the use designated
        herein. Purchasers with self-accrual authority19 are not required to provide this affidavit but must
        maintain all documentation necessary to prove the exempt status of purchases.

        The bill provides that a person furnishing a false affidavit to the vendor for the purpose of evading
        payment of any tax imposed by ch. 212, F.S., is subject to the penalty set forth in s. 212.085, F.S.,
        providing penalties for the fraudulent claim of a tax exemption and as otherwise provided by law.

        The bill authorizes the Department of Revenue (DOR) to adopt rules to implement this tax exemption.

    B. SECTION DIRECTORY:
        Section 1: Amends s. 323.08, F.S., relating to sales, rental, use, consumption, distribution, and storage
        tax; specified exemptions.

        Section 2: Provides an effective date of July 1, 2022.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

        1. Revenues:
            On January 28, 2022, the Revenue Estimating Conference (REC) adopted a negative recurring
            fiscal impact of $200,000 to General Revenue, and insignificant negative fiscal impacts to state trust
            funds, per fiscal year for the 2022-2023 through 2026-2027 fiscal years.20

        2. Expenditures:
            DOR may incur some expenditures associates with implementing this tax exemption and creating a
            new rule to implement the sales tax exemption for green hydrogen.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

        1. Revenues:
            On January 28, 2022, the REC adopted be a negative recurring fiscal impact of $100,000 to local
            governments for the 2022-2023 through 2026-2027 fiscal years.21


        2. Expenditures:
            None.

    C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:

19 Pursuant to s. 212.183, F.S.,
20 Office of Economic and Demographic      Research, Revenue Estimating Conference, 2022 Impact Conference Results, p.
296, http://edr.state.fl.us/Content/conferences/revenueimpact/archives/2022/_pdf/page293 -298.pdf (last visited Feb. 4,
2022).
21 Id.
STORAGE NAME: h1163.TIE                                                                                         PAGE: 4
DATE: 2/6/2022
          The sales tax exemption may reduce costs associated with the production, storage, transportation,
          compression, blending, and combustion of green hydrogen, which may enhance the economic viability
          of green hydrogen projects in the state.

    D. FISCAL COMMENTS:
          The sales tax exemption created in the bill may be duplicative of an existing sales tax exemption for
          industrial machinery and equipment by an eligible manufacturing business. Eligible manufacturing
          businesses are defined as within industries classified under certain North American Industry
          Classification System (NAICS) classifications as published in 2007. Included in eligible classification
          codes is the NAICS code 325120, relating to industrial gas manufacturing, including hydrogen gas
          manufacturing.22


                                                  III. COMMENTS

    A. CONSTITUTIONAL ISSUES:

         1. Applicability of Municipality/County Mandates Provision:
             Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
             action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
             raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
             municipalities.

         2. Other:
             None.

    B. RULE-MAKING AUTHORITY:
          The bill authorizes DOR to adopt rules to implement the sales and use tax exemptions for green
          hydrogen.

    C. DRAFTING ISSUES OR OTHER COMMENTS:
         None.


                                 IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.




22 Id. at 295. See also s. 212.08(7)(jjj), F.S.

STORAGE NAME: h1163.TIE                                                                                       PAGE: 5
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           HB 1163                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to sales tax exemptions for hydrogen
    3                products; amending s. 212.08, F.S.; exempting from
    4                sales taxes the purchase of certain machinery and
    5                equipment that produce electric or steam energy from
    6                burning hydrogen; requiring a proration of the
    7                exemption under specified conditions; exempting from
    8                sales taxes the purchase of hydrogen used in specified
    9                industrial settings; defining the terms "green
10                   hydrogen" and "primarily used"; exempting from sales
11                   taxes the purchase of certain machinery and equipment
12                   involving green hydrogen, certain types of ammonia,
13                   and certain electrochemical reactions of green
14                   hydrogen and oxygen; authorizing the Department of
15                   Revenue to adopt rules to implement the exemptions;
16                   providing guidelines for purchasers to use in
17                   obtaining an exemption; providing penalties; providing
18                   an effective date.
19
20         Be It Enacted by the Legislature of the State of Florida:
21
22                   Section 1.       Paragraph (c) of subsection (5) and paragraph
23         (b) of subsection (7) of section 212.08, Florida Statutes, are
24         amended, and paragraph (ppp) is added to subsection (7) of that
25         section, to read:

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        HB 1163                                                                                               2022




26                212.08      Sales, rental, use, consumption, distribution, and
27      storage tax; specified exemptions.—The sale at retail, the
28      rental, the use, the consumption, the distribution, and the
29      storage to be used or consumed in this state of the following
30      are hereby specifically exempt from the tax imposed by this
31      chapter.
32                (5)       EXEMPTIONS; ACCOUNT OF USE.—
33                (c)       Machinery and equipment used in production of
34      electrical or steam energy.—
35                1.    The purchase of machinery and equipment for use at a
36      fixed location which machinery and equipment are necessary in
37      the production of electrical or steam energy resulting from the
38      burning of hydrogen or boiler fuels other than residual oil, is
39      exempt from the tax imposed by this chapter. Such electrical or
40      steam energy must be primarily for use in manufacturing,
41      processing, compounding, or producing for sale items of tangible
42      personal property in this state. Use of a de minimis amount of
43      residual fuel to facilitate the burning of nonresidual fuel
44      shall not reduce the exemption otherwise available under this
45      paragraph.
46                2.    In facilities where machinery and equipment are
47      necessary to burn hydrogen, or both residual and nonresidual
48      fuels, the exemption shall be prorated. Such proration shall be
49      based upon the production of electrical or steam energy from
50      nonresidual fuels and hydrogen as a percentage of electrical or

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        HB 1163                                                                                               2022




51      steam energy from all fuels. If it is determined that 15 percent
52      or less of all electrical or steam energy generated was produced
53      by burning residual fuel, the full exemption shall apply.
54      Purchasers claiming a partial exemption shall obtain such
55      exemption by refund of taxes paid, or as otherwise provided in
56      the department's rules.
57                3.    The department may adopt rules that provide for
58      implementation of this exemption. Purchasers of machinery and
59      equipment qualifying for the exemption provided in this
60      paragraph shall furnish the vendor with an affidavit stating
61      that the item or items to be exempted are for the use designated
62      herein. Any person furnishing a false affidavit to the vendor
63      for the purpose of evading payment of any tax imposed under this
64      chapter shall be subject to the penalty set forth in s. 212.085
65      and as otherwise provided by law. Purchasers with self-accrual
66      authority shall maintain all documentation necessary to prove
67      the exempt status of purchases.
68                (7)       MISCELLANEOUS EXEMPTIONS.—Exemptions provided to any
69      entity by this chapter do not inure to any transaction that is
70      otherwise taxable under this chapter when payment is made by a
71      representative or employee of the entity by any means,
72      including, but not limited to, cash, check, or credit card, even
73      when that representative or employee is subsequently reimbursed
74      by the entity. In addition, exemptions provided to any entity by
75      this subsection do not inure to any transaction that is

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         HB 1163                                                                                               2022




 76      otherwise taxable under this chapter unless the entity has
 77      obtained a sales tax exemption certificate from the department
 78      or the entity obtains or provides other documentation as
 79      required by the department. Eligible purchases or leases made
 80      with such a certificate must be in strict compliance with this
 81      subsection and departmental rules, and any person who makes an
 82      exempt purchase with a certificate that is not in strict
 83      compliance with this subsection and the rules is liable for and
 84      shall pay the tax. The department may adopt rules to administer
 85      this subsection.
 86                (b)       Boiler fuels.—When purchased for use as a combustible
 87      fuel, purchases of natural gas, residual oil, recycled oil,
 88      waste oil, solid waste material, coal, sulfur, hydrogen, wood,
 89      wood residues or wood bark used in an industrial manufacturing,
 90      processing, compounding, or production process at a fixed
 91      location in this state are exempt from the taxes imposed by this
 92      chapter; however, such exemption shall not be allowed unless the
 93      purchaser signs a certificate stating that the fuel to be
 94      exempted is for the exclusive use designated herein. This
 95      exemption does not apply to the use of boiler fuels that are not
 96      used in manufacturing, processing, compounding, or producing
 97      items of tangible personal property for sale, or to the use of
 98      boiler fuels used by any firm subject to regulation by the
 99      Division of Hotels and Restaurants of the Department of Business
100      and Professional Regulation.

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         HB 1163                                                                                               2022




101                (ppp)     Green hydrogen.—
102                1.    As used this paragraph, the term:
103                a.    "Green hydrogen" means hydrogen created using an
104      electrolytic process powered from renewable energy sources,
105      including solar energy, wind energy, and geothermal energy. The
106      term also includes hydrogen created using the pyrolytic
107      decomposition of methane gas.
108                b.    "Primarily used" means a use of at least 50 percent.
109                2.    The following are exempt from the tax imposed by this
110      chapter:
111                a.    The purchase of machinery and equipment primarily used
112      in the production, storage, transportation, compression, or
113      blending of green hydrogen. The machinery and equipment must be
114      used at a fix location
115                b.    The purchase of machinery and equipment primarily used
116      in the production, storage, transportation, compression, or
117      blending of ammonia derived from green hydrogen, if the ammonia
118      will be converted back to green hydrogen before its u se or sale.
119      The machinery and equipment must be used at a fix location.
120                c.    The purchase of machinery and equipment that are
121      necessary to produce electrical energy resulting from the
122      electrochemical reaction of green hydrogen and oxygen in a fuel
123      cell. The electrical energy must be primarily used in
124      manufacturing, processing, compounding, or producing for sale
125      items of tangible personal property in this state. The machinery

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         HB 1163                                                                                               2022




126      and equipment must be used at a fix location.
127                3.    Purchasers of machinery and equipment qualifying for
128      the exemption provided in this paragraph shall furnish the
129      vendor with an affidavit stating that the item or items to be
130      exempted are for the use designated herein. Purchasers with
131      self-accrual authority pursuant to s. 212.183 are not required
132      to provide this affidavit but shall maintain all documentation
133      necessary to prove the exempt status of purchases.
134                4.    A person furnishing a false affidavit to the vendor for
135      the purpose of evading payment of any tax imposed under this
136      chapter shall be subject to the penalty set forth in s. 212.085
137      and as otherwise provided by law. Purchasers with self-accrual
138      authority pursuant to s. 212.183 are not required to provide an
139      affidavit but shall maintain all documentation necessary to
140      prove the exempt status of purchases.
141                5.    The department may adopt rules to implement the
142      exemptions in this paragraph.
143                Section 2.       This act shall take effect July 1, 2022.




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      TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                        HB 1163 by Rep. Overdorf
               Sales Tax Exemptions for Hydrogen Products

                            AMENDMENT SUMMARY
                               February 8, 2022


Amendment 1 by Rep. Overdorf (Line 114):

  •   Corrects drafting errors.
                                           COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                    Bill No. HB 1163   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                        (Y/N)
       ADOPTED AS AMENDED             (Y/N)
       ADOPTED W/O OBJECTION          (Y/N)
       FAILED TO ADOPT                (Y/N)
       WITHDRAWN                      (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Overdorf offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 114-126 and insert:
 7     used at a fixed location.
 8          b.     The purchase of machinery and equipment primarily used
 9     in the production, storage, transportation, compression, or
10     blending of ammonia derived from green hydrogen, if the ammonia
11     will be converted back to green hydrogen before its use or sale.
12     The machinery and equipment must be used at a fixed location.
13          c.     The purchase of machinery and equipment that are
14     necessary to produce electrical energy resulting from the
15     electrochemical reaction of green hydrogen and oxygen in a fuel
16     cell. The electrical energy must be primarily used in
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                                    Page 1 of 2
                                          COMMITTEE/SUBCOMMITTEE AMENDMENT
                                                  Bill No. HB 1163   (2022)
       Amendment No. 1


17     manufacturing, processing, compounding, or producing for sale
18     items of tangible personal property in this state. The machinery
19     and equipment must be used at a fixed location.
20
21           -----------------------------------------------------
22                       T I T L E    A M E N D M E N T
23          Remove lines 14-17 and insert:
24     hydrogen and oxygen; providing guidelines for purchasers to use
25     in obtaining an exemption; authorizing the Department of Revenue
26     to adopt rules to implement the exemptions; providing penalties;
27     providing




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                                    Page 2 of 2
HB 1303
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1303 Northeast Florida Regional Spaceport Authority
SPONSOR(S): Duggan and others
TIED BILLS:       IDEN./SIM. BILLS: SB 1814

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    1) Tourism, Infrastructure & Energy Subcommittee                                    Walsh              Keating

    2) Infrastructure & Tourism Appropriations
       Subcommittee

    3) Ways & Means Committee

    4) Commerce Committee

                                                     SUMMARY ANALYSIS
Space Florida acts as Florida’s point of contact for state aerospace-related activities with federal agencies, the
military, state agencies, businesses, and the private sector. Space Florida is an independent special district
and a subdivision of the state. Special districts are subject to the Uniform Special District Accountability Act.

Facilities that are equipped to serve the aerospace industry, including a horizontal take-off runway and solid
rocket motor storage, are located in Northeast Florida.

The bill creates the Northeast Florida Regional Spaceport Authority (Authority), which will serve to promote the
development of Northeast Florida’s commercial space industry. The bill creates the Authority as an
independent special district, body politic and corporate, and a subdivision of the state. The bill provides certain
territorial limits for the Authority.

The bill authorizes the Authority to have and exercise all powers necessary or convenient to effect any or all of
the purposes for which it is organized. The bill states that the Authority will be governed by a nine-member
board of directors. Under the bill, the Authority and its board of directors are given various powers and duties
related to the purpose for which the Authority is created.

The bill grants bonding authority and provides tax exempt status for the Authority. The bill permits the
Department of Transportation to include projects of the Authority in the department’s annual legislative budget
request.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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                                                 FULL ANALYSIS

                                          I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Space Florida

        In 2006, the Legislature passed the Space Florida Act,1 which created Space Florida as an
        independent special district to promote aerospace business development by facilitating business and
        infrastructure financing, spaceport operations, research and development, workforce development, and
        innovative education programs.2 Space Florida acts as Florida’s point of contact for state aerospace-
        related activities with federal agencies, the military, state agencies, businesses, and the private sector.3

        Space Florida is governed by a 13-member independent board of directors consisting of members
        appointed by the Governor, the President of the Senate, the Speaker of the House of Representatives,
        and members of the board of directors of Enterprise Florida, Inc. The Governor serves ex officio, or
        may appoint a designee to serve as the chair and a voting member of the board. 4

        Space Florida is an independent special district and a subdivision of the state. The boundary and
        services area for the Space Florida special district covers the entire state.5 Space Florida is subject to
        the provisions of the Uniform Special District Accountability Act, to the extent that the provisions of that
        act do not conflict with the Space Florida Act.6

        Special Districts

        In 1989, the Legislature passed the Uniform Special District Accountability Act. 7 This Act sets forth the
        general provisions for all special districts, addressing such issues as creation, operation, financial
        reporting, taxation, assessments, elections, definitions, compliance with general law, and
        comprehensive planning. Generally, the charter creating an independent special district must contain
        the following information:
             The purpose of the special district;
             The powers, functions and duties of the special district relating to ad valorem taxes, bonds and
                 other revenue-raising abilities, budget preparation and approval, liens and lien foreclosures, and
                 the use of tax deeds and certificates for non-ad valorem assessments and contractual
                 agreements;
             A method for establishing the district and amending the district charter;
             The membership, organization, compensation, and administrative duties of the governing board
                 and its members;
             Applicable financial disclosures, noticing, and reporting requirements;
             Procedures and requirements for bond issues, if the special district will issue bonds;
             Election procedures and requirements;
             A method for financing the district;
             Authorized millage rate, and methods for collecting non-ad valorem assessments, fees, or
                 service charges;
             Planning requirements; and
             District boundaries.8

1 See ss. 331.301 through 331.371, F.S.
2 S. 331.302, F.S.
3 S. 331.3011,  F.S.
4 S. 331.3081, F.S.
5 S. 331.302(1), F.S.
6 Ss. 331.301-331.371, F.S.
7 Ch. 189, F.S.
8 S. 189.031, F.S.
STORAGE NAME: h1303.TIE                                                                                       PAGE: 2
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        Northeast Florida Aerospace Commerce

        Northeast Florida has multiple facilities that are equipped to serve the aerospace industry. For example,
        Camp Blanding, located in Clay County, is equipped to provide rail transport and solid rocket motor
        storage, and Cecil Air and Spaceport, located in Duval County, is equipped with a horizontal launch
        runway.9

        Effect of the Bill

        The bill creates the Northeast Florida Regional Spaceport Authority (Authority), which will serve to
        promote the development of Northeast Florida’s commercial space industry.

        Legislative Findings and Intent

        The bill provides a short title of the “Northeast Florida Regional Spaceport Authority Act.” The bill
        contains legislative findings that:
            The commercial aerospace industry of Florida is integral to the state’s long-term success in
                diversifying its economy and creating an economy that can support the creation of high-value-
                added businesses and jobs;
            Attaining these economic goals requires a strong public and private commitment to the
                commercial aerospace industry;
            Clay, Duval, and Nassau Counties have ideal geographic spaceport attributes; and
            It is the intent of the Legislature that commercial aerospace activities in Northeast Florida be
                coordinated by the Authority and that, notwithstanding any other provision of law, the Authority
                be an independent point of contact for commercial aerospace activities with federal agencies,
                the military, state agencies, businesses, and the private sector.

        Creation and Purpose of the Authority

        The bill creates the Authority as an independent special district, body politic and corporate, and a
        subdivision of the state. As an independent special district, the Authority would be subject to the
        Uniform Special District Accountability Act. However, the bill states that to the extent that any provision
        of the Uniform Special District Accountability Act conflicts with the bill, the bill will prevail.

        The Authority would not be considered an agency as defined in s. 216.011(1)(qq) 10 or s. 287.012(1),11
        F.S. Under the bill, the Authority’s purpose is to promote commercial aerospace business development
        by facilitating business financing, spaceport operations, research and development, local workforce
        development, and local education programs.

        The bill requires that in carrying out its duties and responsibilities, the Authority must advise,
        coordinate, cooperate, and when necessary, enter into memoranda of agreement with municipalities,
        counties, regional authorities, state agencies and organizations both within and outside Florida,
        appropriate federal agencies and organizations, and other interested persons and groups. The
        Authority may not endorse any candidate for elected public office or contribute money to such a
        candidate’s campaign.

        The bill defines the following terms: “aerospace,” “authority,” “board” or “board of directors,” “bonds,”
        “financing agreement,” “landing area,” “launch pad,” “launch support facilities,” “payload,” “person,”
        “project,” “range,” “recovery,” “region,” “regional spaceport,” “spaceport,” “spaceport discretional
        capacity improvement projects,” and “spaceport user.”



9 Attachment to email from Koby Adams, Legislative Assistant to Rep. Wyman Duggan,   to Cochran Keating, Policy Chief,
RE: Global Space Economy DOC (Jan. 19, 2022).
10 S. 216.011, F.S. relates to planning and budgeting.
11 S. 216.012, F.S. relates to procurement of personal property and services.
STORAGE NAME: h1303.TIE                                                                                         PAGE: 3
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         The bill provides that it supersedes any general or special act that is inconsistent with the language of
         the bill.

         Territory of the Authority

         The bill provides that the following property constitutes the Authority’s regional spaceport territory:
             Real property located in Duval County which is included within the boundaries of Cecil Airport
                 and Cecil Commerce Center and any other real property designated by the Jacksonville City
                 Council;12
             Real property located in Nassau County as designated by the Nassau County Board of County
                 Commissioners;
             Real property located in Clay County as designated by the Clay County Board of County
                 Commissioners; and
             Real property within Duval, Nassau, and Clay Counties which is licensed by the Federal
                 Aviation Administration (FAA) as a spaceport.

         Powers and Duties of the Authority

         Under the bill, the Authority may conduct its affairs, carry on its operations, and have offices and
         exercise the powers granted by the bill in any state, territory, district, or possession of the United States
         or any foreign country. The bill gives the Authority the ability to have and exercise all powers necessary
         or convenient to effect any or all of the purposes for which it is organized.

         The bill further provides that the Authority may examine, develop, and use new concepts, designs, and
         ideas relating to the purpose for which it is created. To do so, the bill provides that the Authority may
         own, acquire, construct, reconstruct, equip, operate, maintain, extend, and improve experimental
         spaceport facilities and services and otherwise undertake, sponsor, finance, and maintain research
         activities, experimentation, and development, in order to promote the development and use of new
         concepts, designs, and ideas in the fields of space exploration, commercialization of the space
         industry, and spaceport facilities.

         The bill states that the Authority may acquire real, personal, intangible, tangible, or mixed property,
         within or without its territorial limits by purchase, gift, devise, or lease, on such terms and conditions as
         the board may deem necessary or desirable, and sell or otherwise dispose of any of the assets and
         properties of the authority.

         With regard to real and personal property, the bill gives the Authority power to own, acquire, construct,
         develop, create, reconstruct, equip, operate, maintain, extend, and improve launch pads, landing areas,
         ranges, payload assembly buildings, payload processing facilities, laboratories, aerospace business
         incubators, launch vehicles, payloads, space flight hardware, facilities and equipment for the
         construction of payloads, space flight hardware, rockets, and other launch vehicles, and other
         spaceport facilities and aerospace-related systems, including educational, cultural, and parking facilities
         and aerospace-related initiatives.

         The bill also gives the Authority powers relating to the construction, possession, maintenance, and
         operation of:
              Transportation facilities appropriate to meet the transportation requirements of the Authority
                  and activities conducted within the regional spaceport;
              Electric power plants, transmission lines and related facilities, gas mains and facilities of any
                  nature for the production or distribution of natural gas, and transmission lines and related
                  facilities for the generation and transmission of power through traditional, new, and
                  experimental sources of power and energy;13

12 The bill provides that, notwithstanding any other provision of law, the spaceport facilities and projects owned and
administered by the Jacksonville Airport Authority will become the property and responsibility of the Authority.
13 With regard to utilities, the bill provides that the Authority may also: purchase sources of power for distribution within

any spaceport territory; develop and operate water and sewer systems; and develop and operate new and experimental
STORAGE NAME: h1303.TIE                                                                                                 PAGE: 4
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                Water and flood control facilities, subject to the rules and regulations of the appropriate water
                 management district;
                Public safety facilities for the regional spaceport; and
                Such works to construct facilities determined by the board to promote and ensure public safety.

        The bill outlines other powers of the Authority as the abilities to:
            Sue and be sued;
            Adopt and use a corporate seal;
            Acquire, enjoy, use, and dispose of patents, copyrights, and trademarks and any licenses and
                other rights or interests under or in such licenses;
            Purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote on, use, employ,
                sell, mortgage, lend, pledge, or otherwise dispose of and otherwise use and deal in and with
                shares and other interests in, or obligations of, other domestic or foreign corporations;
            Lend money for its purposes, invest and reinvest its funds, and take and hold real and personal
                property as security for the payment of funds loaned;
            Make and execute any contracts and other instruments, including financing agreements with
                persons or spaceport users, to facilitate the financing, construction, leasing, or sale of any
                project;
            Whenever deemed necessary by the board, lease any facilities or property for the use of the
                Authority to carry out the purposes of the Authority;
            Hire a safety officer with substantial experience in public safety procedures and programs for
                space vehicle launching and related hazardous operations;14
            Issue revenue bonds or other evidences of indebtedness;
            In connection with any financing agreement, fix and collect fees, loan payments, rental
                payments, and other charges for the use of any project in such amount as to provide sufficient
                moneys to pay the principal of and interest on bonds as they become due and payable;
            Recover the costs of a spaceport facility or system;
            Prescribe, fix, establish, and collect rates, fees, rentals, tolls, fares, or other charges and revise
                such revenues for the facilities and services furnished or to be furnished by the Authority and
                the spaceport;
            Recover any unpaid balance, all interest accrued thereon, and attorney fees and costs if any
                rates, fees, rentals, tolls, fates, other charges, or delinquent penalties go unpaid and are in
                default for 30 days or more;
            Accept, receive, and receipt for federal moneys, property, and other moneys or properties,
                either public or private, for the Authority’s purposes; and
            Sell bonds in blocks in compliance with current law.

        The bill provides that the Authority must, in accordance with FAA procedures, file the appropriate
        federal notification to activate special use airspace in support of launch operations. Furthermore, the bill
        states that the Authority must obtain the required environmental permits in accordance with state and
        federal law. The bill requires the Authority to involve and utilize women, minorities, and socially and
        economically disadvantaged business enterprises in all phases of the design, development,
        construction, maintenance, and operation of spaceports developed by the bill.

        Under the bill, the Authority is not required to pay any taxes on any project or any other property owned
        by the Authority or on the income from such projects or property.

        The bill provides that no corporation incorporated or authorized to transact business in Florida, nor any
        person or business entity transacting business in Florida, may use the words “Northeast Florida
        Regional Spaceport Authority” in its name, unless the board gives written approval for such use. The


public utilities. However, the Authority may not construct any of the aforementioned systems if a system of similar
character is actually being operated by a municipality or private company in the area adjacent thereto, unless such entity
consents to the construction.
14 The bill provides that the safety officer shall monitor and report on the safety and hazards of ground-based space

operations to the chair.
STORAGE NAME: h1303.TIE                                                                                             PAGE: 5
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        bill authorizes the Department of State to dissolve any corporation that uses the Authority’s name
        without consent to do so.

        The bill requires the Authority to develop a spaceport master plan for expansion and modernization of
        space transportation facilities within the region. The Authority must submit the plan to the Department
        of Transportation and to any appropriate metropolitan planning organization. The department may
        participate in the capital cost of eligible spaceport discretionary capacity improvement projects , and the
        department’s annual legislative budget request shall be based on the proposed funding requested for
        approved spaceport discretionary capacity improvement projects.

        Board of Directors

        The bill states that the Authority will be governed by a nine-member board of directors (board). Under
        the bill, the Authority’s board of directors consists of:
             Three members appointed by the Governor and confirmed by the Senate,15
             Three members appointed by the Mayor of the City of Jacksonville and confirmed by the
                 Jacksonville City Council,
             Two members appointed by the Clay County Board of County Commissioners, and
             One member appointed by the Nassau County Board of County Commissioners.16

        The bill provides that each member of the board will serve a term of four years beginning on June 1 of
        the year in which he or she is appointed and will hold office until a successor has been appointed. The
        bill provides a process for how a vacancy on the board must be filled.

        Under the bill, the members of the board are not entitled to compensation but must be reimbursed for
        travel expenses or other expenses incurred in their duties as provided by law.

        Five voting members of the board shall constitute a quorum, and a resolution adopted by the board
        may not become effective without the affirmative vote of at least five members.

        Powers and Duties of the Board of Directors

        The bill provides that the board must designate an individual who is a resident of the state, or a
        qualified public depository, as treasurer of the Authority, who must have charge of the Authority’s funds.
        The bill outlines how the treasurer must handle funds. Under the bill, the board may give the treasurer
        additional powers and duties as it deems appropriate, and the board must determine the treasurer's
        compensation.

        The bill provides that the board may also employ a fiscal agent, who must be a resident of this state or
        a corporation organized under the laws of this or any other state and authorized by such laws to act as
        a fiscal agent in such state.

        The bill provides that the board may:
            Execute contracts and other documents, adopt all proceedings, and perform all acts determined
                by the board to be necessary or desirable to carry out its purposes;
            Establish, create, and delegate the proper authority to departments, committees, or other
                entities the board deems necessary or desirable in the performance of any acts or other things
                necessary to the exercise of the powers provided in the bill;
            Provide financial services to support commercial aerospace-related business development
                within the region;17



15 At least one of the members appointed     by the Governor must be a resident and qualified elector of Clay County, Duval
County, or Nassau County.
16 Each of the six members not appointed by the Governor must be a resident and qualified elector of the county from

which he or she is appointed.
17 The bill provides what the financial services may include.
STORAGE NAME: h1303.TIE                                                                                              PAGE: 6
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              Execute intergovernmental agreements and development agreements consistent with prevailing
               statutory provisions;
              Establish reserve funds for future board operations;
              Enter into contracts for the use of projects and for the services and facilities furnished or to be
               furnished by the Authority;
              Discontinue and shut off services and facilities of any project if the rates, fees, rentals, tolls,
               fares, or other charges for services and facilities are not paid when due;
              Enter into and execute contracts and agreements relating to the common powers, duties, and
               functions of the board and other officers, agents, and employees of the Authority, and the
               respective governing body or bodies of one or more municipalities;
              Authorize bonds by resolution;
              Invest the funds of the Authority in and through the means outlined in the bill; and
              Establish a fiscal year for the Authority.

       The bill provides that the board has the following duties:
           Adopt rules and orders to conduct the business of the authority, the maintenance of records,
               and the form of all documents and records of the authority;
           Prepare an annual report of operations for the previous fiscal year and submit the report to the
               Governor, the President of the Senate, and the Speaker of the House of Representatives by
               November 30th of each year;
           Establish a safety program;
           Secure insurance coverage within reasonable limits for liability; and
           Secure reasonable levels of insurance coverage on its buildings, facilities, and property, if such
               coverage is available and cost effective.

       The Authority and Political Subdivisions

       The bill provides that the Authority may exercise any of its rights, powers, privileges, and authority in
       any portion of the regional spaceport lying within the boundaries of any municipality or other political
       subdivision whose boundaries lie wholly or partly in the territory of the Authority to the same extent as
       in areas of the regional spaceport not incorporated as part of a municipality or other political
       subdivision. However, the Authority may only do so within the portion of the municipality or other
       political subdivision lying within the boundaries of the regional spaceport.

       The state, counties, municipalities, and other political subdivisions, public bodies, and agencies thereof
       may aid and cooperate with the Authority in carrying out any of the purposes and projects of the
       Authority, enter into cooperative agreements with the Authority, and participate in any such cooperative
       agreement for carrying out the purpose and projects of the Authority. Any such agreement may not
       exceed 99 years.

   B. SECTION DIRECTORY:
       Section 1: Creates ss. 331.601 through 331.661, F.S., otherwise known as the Northeast Florida
       Regional Spaceport Authority Act.

       Section 2: Provides an effective date of July 1, 2022.


                          II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           See Fiscal Comments.

       2. Expenditures:

STORAGE NAME: h1303.TIE                                                                                    PAGE: 7
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           See Fiscal Comments.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           See Fiscal Comments.

       2. Expenditures:
           See Fiscal Comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       The bill may aid in developing Northeast Florida’s private aerospace industry, which may bring jobs to
       the area.

   D. FISCAL COMMENTS:
       The bill grants bonding authority to the Northeast Florida Spaceport Authority. The bill provides tax
       exempt status for the Authority. The bill permits the Department of Transportation to include projects of
       the Authority in the department’s annual legislative budget request.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill authorizes the board of directors of the Authority to adopt rules to conduct the business of the
       Authority. Under the bill, the Authority’s board of directors may adopt rules with respect to any of the
       projects of the Authority, with notice and a public hearing.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       The bill provides that it is the Legislature’s intent that the Authority be an independent point of contact
       for commercial aerospace activities with federal agencies, the military, state agencies, businesses, and
       the private sector. However, current law provides similar language for Space Florida, which is an
       independent special district with territory that covers the entire State of Florida.


                          IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: h1303.TIE                                                                                     PAGE: 8
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           HB 1303                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to the Northeast Florida Regional
    3                Spaceport Authority; creating part IV of chapter 331,
    4                F.S.; providing a short title; providing legislative
    5                findings and intent; creating the Northeast Florida
    6                Regional Spaceport Authority; providing purpose and
    7                responsibilities of the authority; prohibiting the
    8                authority from endorsing a candidate for public
    9                office; providing that the authority does not meet a
10                   specified definition of the term "agency"; providing
11                   applicability of certain provisions; providing
12                   definitions; specifying authority territory; providing
13                   powers of the authority; requiring the authority to
14                   file a federal notification to activate certain
15                   airspace; providing membership requirements and terms
16                   of the authority's board of directors; requiring
17                   members to file a statement of financial interests;
18                   requiring the board to designate a treasurer;
19                   authorizing the board to select depositories and
20                   employ a fiscal agent and providing requirements
21                   therefor; providing powers and duties of the board;
22                   providing requirements for the exercise of powers;
23                   authorizing the authority to construct projects,
24                   furnish facilities and services, and collect charges
25                   within the regional spaceport; providing powers of the

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        HB 1303                                                                                               2022




26                authority relating to certain roads; providing for
27                recovery of certain costs by the authority;
28                authorizing the board to enter into certain contracts;
29                authorizing the board to shut off and discontinue
30                services and facilities under certain circumstances;
31                authorizing the authority to receive certain moneys
32                and properties; requiring compliance with laws
33                relating to the expenditure of federal moneys;
34                authorizing the board to enter into contracts with
35                municipalities for the performance of common powers,
36                duties, and functions; authorizing the state and its
37                political subdivisions to enter into certain
38                cooperative agreements with the authority; providing
39                the term of such agreements; providing powers of the
40                authority relating to contracts, grants, and
41                contributions; requiring compliance with certain
42                environmental provisions; providing for sovereign
43                immunity; providing legal remedies for certain
44                violations; providing for bond issuance, lien of
45                pledges, and trust agreements; providing for the sale,
46                authorization, and form of bonds; authorizing issuance
47                of interim or replacement bond certificates;
48                specifying negotiability of bonds; granting certain
49                authority to the board regarding defeasance of the
50                right, title, and interest of bondholders; specifying

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        HB 1303                                                                                               2022




51                that bonds constitute legal investments or securities;
52                authorizing a resolution for the issuance of bonds to
53                contain certain covenants; providing procedures for
54                the validation of bonds; specifying that full
55                authority for bond issuance and exercise of powers
56                rests with the authority; providing that bonds do not
57                constitute an obligation of the state; authorizing the
58                board to make certain investments; establishing the
59                fiscal year of the authority; providing insurance and
60                safety program requirements; requiring the authority
61                to involve women, minorities, and disadvantaged
62                business enterprises in the development and operation
63                of spaceports; exempting the authority from certain
64                taxes; prohibiting a person or business entity from
65                using the name of the authority without written
66                approval; authorizing the Department of State to
67                dissolve an entity in violation of such prohibition;
68                specifying authority ownership of rights to
69                intellectual property; authorizing the Department of
70                Transportation to enter into a joint participation
71                agreement with the authority for certain purposes;
72                requiring the authority to develop a spaceport master
73                plan for submission to the department and metropolitan
74                planning organizations; authorizing the department to
75                participate in the capital cost of certain projects

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         HB 1303                                                                                               2022




 76                using available funds; providing construction;
 77                providing an effective date.
 78
 79      Be It Enacted by the Legislature of the State of Florida:
 80
 81                Section 1.        Part IV of chapter 331, Florida Statutes,
 82      consisting of sections 331.601 through 331.661, is created to
 83      read:
 84                                                    PART IV
 85                      NORTHEAST FLORIDA REGIONAL SPACEPORT AUTHORITY
 86                331.601      Short title.—This part may be cited as the
 87      "Northeast Florida Regional Spaceport Authority Act."
 88                331.6011         Legislative findings and intent.—
 89                (1)       The Legislature finds and declares that the commercial
 90      aerospace industry of this state is integral to the state's
 91      long-term success in diversifying its economy and building a
 92      knowledge-based economy that is able to support the creation of
 93      high-value-added businesses and jobs.
 94                (2)       The Legislature finds that attaining this vision
 95      requires a strong public and private commitment to the
 96      commercial aerospace industry. It is the intent of the
 97      Legislature to improve the regulatory flexibility for commercial
 98      aerospace launches and the development of sites for commercial
 99      aerospace launches and related research and development.
100                (3)       Clay, Duval, and Nassau Counties have ideal geographic

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         HB 1303                                                                                               2022




101      spaceport attributes, including access to multiple orbits,
102      proximity to water for launch activities, existing facilities
103      and infrastructure for recovery activities, proximity to
104      multiple channels of intermodal transportation infrastructure,
105      access to multiple sources of fuel and power generation, and
106      quality-of-life factors attractive to human capital.
107                (4)       It is the intent of the Legislature that commercial
108      aerospace activities in Northeast Florida be coordinated by the
109      Northeast Florida Regional Spaceport Authority and that,
110      notwithstanding any other provision of law, the Northeast
111      Florida Regional Spaceport Authority be an independent point of
112      contact for commercial aerospace activities with federal
113      agencies, the military, state agencies, businesses, and the
114      private sector.
115                331.602      Northeast Florida Regional Spaceport Authority;
116      creation; purpose.—
117                (1)       There is created the Northeast Florida Regional
118      Spaceport Authority, which is created as an independent special
119      district, a body politic and corporate, and a subdivision of the
120      state, to foster the growth and development of a sustainable
121      commercial aerospace industry in Northeast Florida. The
122      Northeast Florida Regional Spaceport Authority shall promote
123      commercial aerospace business development by facilitating
124      business financing, spaceport operations, research and
125      development, local workforce development, and innovative local

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126      education programs. The Northeast Florida Regional Spaceport
127      Authority has all the powers, rights, privileges, and authority
128      as provided under the laws of this state.
129                (2)       In carrying out its duties and responsibilities, the
130      Northeast Florida Regional Spaceport Authority shall advise,
131      coordinate, cooperate, and, when necessary, enter into memoranda
132      of agreement with municipalities, counties, regional
133      authorities, state agencies and organizations both within and
134      outside Florida, appropriate federal agencies and organizations,
135      and other interested persons and groups.
136                (3)       The Northeast Florida Regional Spaceport Authority may
137      not endorse any candidate for any elected public office or
138      contribute money to the campaign of any candidate for public
139      office.
140                (4)       The Northeast Florida Regional Spaceport Authority is
141      not an agency as defined in s. 216.011(1)(qq) or s. 287.012.
142                (5)       The Northeast Florida Regional Spaceport Authority is
143      subject to applicable provisions of chapter 189, including, but
144      not limited to, s. 189.051. To the extent that any provisi ons of
145      chapter 189 conflict with this part, this part shall prevail.
146                331.603      Definitions.—As used in this part, the term:
147                (1)       "Aerospace" means the industry that designs and
148      manufactures aircraft, rockets, missiles, spacecraft,
149      satellites, space vehicles, space stations, space facilities or
150      components thereof, and equipment, systems, facilities,

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151      simulators, programs, and related activities, including, but not
152      limited to, the application of aerospace technologies in air -
153      based, land-based, and sea-based platforms for commercial,
154      civil, and defense purposes.
155                (2)       "Authority" means the Northeast Florida Regional
156      Spaceport Authority.
157                (3)       "Board" or "board of directors" means the governing
158      body of the Northeast Florida Regional Spaceport Authority.
159                (4)       "Bonds" means revenue bonds or other evidences of
160      indebtedness, including bank loans, issued by the authority for
161      the purpose of financing its projects.
162                (5)       "Financing agreement" means a lease, lease-purchase
163      agreement, lease with option to purchase, sale or installment
164      sale agreement, whether title passes in whole or in part at any
165      time before, at, or after completion of the project, loan
166      agreement, or other agreement forming the basis for the
167      financing under this part, including any agreements, guarantees ,
168      or security instruments forming part of or related to providing
169      assurance of payment of the obligations under the financing
170      agreement.
171                (6)       "Landing area" means the geographical area designated
172      by the authority for or intended for the landing and surface
173      maneuvering of any launch vehicle or other space vehicle.
174                (7)       "Launch pad" means any launch pad, runway, airstrip,
175      or similar facility used for launching space vehicles.

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176                (8)        "Launch support facilities" means facilities that are
177      located at launch sites or launch ranges that are required to
178      support launch activities, including launch vehicle assembly,
179      launch vehicle operations and control, communications, and
180      flight safety functions, as well as payload operations, control,
181      and processing.
182                (9)        "Payload" means any property or cargo to be
183      transported aboard any vehicle launched by or from a spaceport.
184                (10)       "Person" means any individual, community college,
185      college, university, firm, association, joint venture,
186      partnership, estate, trust, business trust, syndicate,
187      fiduciary, corporation, nation, federal, state, or local
188      government, government or nongovernment agency, subdivision of
189      the state, municipality, county, business entity, or any other
190      group or combination thereof.
191                (11)       "Project" means any activity associated with any
192      development, improvement, property, launch, utility, facility,
193      system, works, road, sidewalk, enterprise, service, or
194      convenience, which may include coordination with federal and
195      state partners or agencies; any rocket, capsule, modu le, launch
196      facility, assembly facility, operations or control facility,
197      tracking facility, administrative facility, or any other type of
198      aerospace-related transportation vehicle, station, or facility;
199      any type of equipment or instrument to be used or usefu l in
200      connection with any of the foregoing; any type of intellectual

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201      property and intellectual property protection in connection with
202      any of the foregoing, including, without limitation, any patent,
203      copyright, trademark, or service mark for, among other thi ngs,
204      computer software; any water, wastewater, gas, or electric
205      utility system, plant, or distribution or collection system; any
206      small business incubator initiative, including any startup
207      aerospace company and any aerospace business proposing to expand
208      or locate its business in this state; any research and
209      development company, research and development facility,
210      education and workforce training facility, storage facility, or
211      consulting service; or any tourism initiative, including any
212      space experience attraction, microgravity flight program,
213      aerospace launch-related activity, or space museum sponsored or
214      promoted by the authority.
215                (12)       "Range" means the geographical area designated by the
216      authority or another appropriate body as the area for the
217      launching of rockets, missiles, launch vehicles, and other
218      vehicles designed to reach high altitude.
219                (13)       "Recovery" means the recovery of space vehicles and
220      payloads that have been launched from or by a spaceport.
221                (14)       "Region" means Clay, Duval, and Nassau Counties.
222                (15)       "Regional spaceport" means the geographical area
223      designated in s. 331.604 as may be amended from time to time.
224                (16)       "Spaceport" means any area of land or water, or any
225      manmade object or facility located therein, which area is

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226      intended for public use or for the launching, takeoff, and
227      landing of spacecraft and aircraft, and includes any appurtenant
228      areas that are used or intended for public use, for spaceport
229      buildings, or for other spaceport facilities, launch support
230      facilities, spaceport projects, or rights-of-way.
231                (17)       "Spaceport discretionary capacity improvement
232      projects" means capacity improvements that enhance space
233      transportation capacity at spaceports that have had one or more
234      orbital or suborbital flights during the previous calend ar year
235      or have an agreement in writing for installation of one or more
236      regularly scheduled orbital or suborbital flights upon the
237      commitment of funds for stipulated spaceport capital
238      improvements.
239                (18)       "Spaceport user" means any person who uses the
240      facilities or services of any spaceport. For the purposes of any
241      exemptions or rights granted under this part, a person shall be
242      deemed a spaceport user only during the time period in which the
243      person has in effect a contract, memorandum of understanding, or
244      agreement with the spaceport, and such rights and exemptions
245      shall be granted with respect to transactions relating only to
246      spaceport projects.
247                331.604       Regional spaceport territory.—The following
248      property shall constitute the authority's regional spaceport
249      territory:
250                (1)        Real property located in Duval County which is

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251      included within the boundaries of Cecil Airport and Cecil
252      Commerce Center and any other real property designated by the
253      Jacksonville City Council. Notwithstanding any other provision
254      of law, the spaceport facilities and projects owned and
255      administered by the Jacksonville Airport Authority will become
256      the property and responsibility of the authority upon this part
257      becoming law.
258                (2)       Real property located in Nassau County as designated
259      by the Nassau County Board of County Commissioners.
260                (3)       Real property located in Clay County as designated by
261      the Clay County Board of County Commissioners.
262                (4)       Real property within Duval, Nassau, and Clay Counties
263      which is licensed by the Federal Aviation Administration as a
264      spaceport.
265                331.605      Powers of authority.—The authority may:
266                (1)       Sue and be sued by its name in any court of law or in
267      equity.
268                (2)       Adopt and use a corporate seal and alter the same at
269      pleasure.
270                (3)       Conduct its affairs, carry on its operations, and have
271      offices and exercise the powers granted by this part in any
272      state, territory, district, or possession of the United States
273      or any foreign country.
274                (4)       Acquire, enjoy, use, and dispose of patents,
275      copyrights, and trademarks and any licenses and other rights or

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276      interests under or in such licenses.
277                (5)       Purchase, take, receive, subscribe for, or otherwise
278      acquire, own, hold, vote on, use, employ, sell, mortgage, lend,
279      pledge, or otherwise dispose of and otherwise use and deal in
280      and with shares and other interests in, or obligations of, other
281      domestic or foreign corporations, whether for profit or not for
282      profit, associations, partnerships, or individuals, or direct or
283      indirect obligations of the United States or of any other
284      government, state, territory, governmental district, or
285      municipality, or of any instrumentality of such governmental
286      units.
287                (6)       Lend money for its purposes, invest and reinvest its
288      funds, and take and hold real and personal property as security
289      for the payment of funds loaned.
290                (7)       Have and exercise all powers necessary or convenient
291      to effect any or all of the purposes for which it is organized.
292                (8)       Acquire property, real, personal, intangible,
293      tangible, or mixed, within or without its territorial limits, in
294      fee simple or any lesser interest or estate, by purchase, gift,
295      devise, or lease, on such terms and conditions as the board may
296      deem necessary or desirable, and sell or otherwise dispose of
297      the same and of any of the assets and properties of the
298      authority.
299                (9)       Make and execute any and all contracts and other
300      instruments necessary or convenient to the exercise of its

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301      powers, including financing agreements with persons or spaceport
302      users to facilitate the financing, construction, leasing, or
303      sale of any project.
304                (10)       Whenever deemed necessary by the board, lease as
305      lessor or lessee to or from any person, public or private, any
306      facilities or property for the use of the authority and carry
307      out any of the purposes of the authority.
308                (11)       Own, acquire, construct, develop, create,
309      reconstruct, equip, operate, maintain, extend, and improve
310      launch pads, landing areas, ranges, payload assembly buildings,
311      payload processing facilities, laboratories, aerospace business
312      incubators, launch vehicles, payloads, space flight hardware,
313      facilities and equipment for the construction of payloads, space
314      flight hardware, rockets, and other launch vehicles, and other
315      spaceport facilities and other aerospace-related systems,
316      including educational, cultural, and parking facilities an d
317      aerospace-related initiatives.
318                (12)       Own, acquire, construct, reconstruct, equip, operate,
319      maintain, extend, or improve transportation facilities
320      appropriate to meet the transportation requirements of the
321      authority and activities conducted within the regional
322      spaceport.
323                (13)       Own, acquire, construct, reconstruct, equip, operate,
324      maintain, extend, or improve electric power plants, transmission
325      lines and related facilities, gas mains and facilities of any

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326      nature for the production or distribution of natural gas, and
327      transmission lines and related facilities for the generation and
328      transmission of power through traditional, new, and experimental
329      sources of power and energy; purchase electric power, natural
330      gas, and other sources of power for distribution within any
331      spaceport territory; develop and operate water and sewer systems
332      and waste collection and disposal consistent with chapter 88 -
333      130, Laws of Florida; and develop and operate such new and
334      experimental public utilities, including, but not limited to,
335      centrally distributed heating and air-conditioning facilities
336      and services, closed-circuit television systems, and computer
337      services and facilities, as the board determines. However, the
338      authority may not construct any system, work, project, or
339      utility authorized to be constructed under this subsection if a
340      system, work, project, or utility of a similar character is
341      being actually operated by a municipality or private company in
342      the municipality or territory adjacent thereto unless such
343      municipality or private company consents to such construction.
344                (14)       Subject to the rules and regulations of the
345      appropriate water management district, own, acquire, construct,
346      reconstruct, equip, maintain, operate, extend, and improve water
347      and flood control facilities. The authority may receive moneys,
348      disbursements, and assistance from the state available to flood
349      control or water management districts and navigation districts
350      or agencies.

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351                (15)       Own, acquire, construct, reconstruct, equip,
352      maintain, operate, extend, and improve public safety facilities
353      for the regional spaceport, including security stations,
354      security vehicles, fire stations, water mains and plugs, and
355      fire trucks and other vehicles and equipment; hire employees,
356      security officers, and firefighters; and undertake such works
357      and construct such facilities determined by the board to be
358      necessary or desirable to promote and ensure public safety
359      within the regional spaceport.
360                (16)       Hire, through the chair of its board of directors, a
361      safety officer with substantial experience in public safety
362      procedures and programs for space vehicle launching and related
363      hazardous operations. The safety officer shall monitor and
364      report on the safety and hazards of ground-based space
365      operations to the chair.
366                (17)       Examine, develop, and use new concepts, designs, and
367      ideas; own, acquire, construct, reconstruct, equip, operate,
368      maintain, extend, and improve experimental spaceport facilities
369      and services; and otherwise undertake, sponsor, finance, and
370      maintain such research activities, experimentation, and
371      development as the board determines, in connection with any of
372      the projects that the authority is authorized to undertake
373      pursuant to the powers and authority vested in it by this part,
374      in order to promote the development and use of new concepts,
375      designs, and ideas in the fields of space exploration,

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376      commercialization of the space industry, and spaceport
377      facilities.
378                (18)       Issue revenue bonds or other evidences of
379      indebtedness, including bank loans, authorized by this part or
380      any other law and pay all or part of the cost of the
381      acquisition, construction, reconstruction, extension, repair,
382      improvement, or maintenance of any project or combination of
383      projects, including environmental mitigation, payloads and space
384      flight hardware, and equipment for research, development, and
385      educational activities, to provide for any facility, service, or
386      other activity of the authority, and provide for the retirement
387      or refunding of any bonds or obligations of the authority, or
388      for any combination of the foregoing purposes.
389                (19)       In connection with any financing agreement, fix and
390      collect fees, loan payments, rental payments, and other charges
391      for the use of any project in such amount as to provide
392      sufficient moneys to pay the principal of and interest o n bonds
393      as they become due and payable, if so provided in the bond
394      resolution or trust agreement, and to create reserves for such
395      purposes. The fees, loan payments, rental payments, and other
396      charges and all other revenues and proceeds derived from the
397      project in connection with which the bonds are issued, except
398      such part thereof necessary for reserves or any expenditures
399      provided in the resolution authorizing the issuance of the bonds
400      or in the trust agreement securing the bonds, shall be set

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401      aside, at the time specified in the resolution or trust
402      agreement, in a sinking fund that may be pledged to and charged
403      with the payment of the principal of and the interest on such
404      bonds as they become due and the redemption price or the
405      purchase price of bonds retired by call or purchase as provided
406      therein. Such pledge is valid and binding from the time the
407      pledge is made. The fees, loan payments, rental payments, other
408      charges, and all other revenues and proceeds so pledged and
409      thereafter received by or on behalf of the authority shall
410      immediately be subject to the lien of any such pledge without
411      any physical delivery thereof or further act, and the lien of
412      any such pledge is valid and binding as against all parties
413      having claims of any kind in tort, contract, or otherwise
414      against the authority, regardless of whether such parties have
415      notice thereof. The resolution or any trust agreement by which a
416      pledge is created need not be filed or recorded, except in the
417      records of the authority. The use and disposition of money to
418      the credit of the sinking fund shall be subject to the
419      provisions of the resolution authorizing the issuance of such
420      bonds or the provisions of such trust agreement.
421                331.606     Federal airspace notification.—In accordance with
422      Federal Aviation Administration procedures, the authority shall
423      file the appropriate federal notification to activate special
424      use airspace in support of its launch operations.
425                331.6081        Board of directors.—The authority shall be

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426      governed by a nine-member independent board of directors that
427      consists of three members appointed by the Governor and
428      confirmed by the Senate, three members appointed by the Mayor of
429      the City of Jacksonville and confirmed by the Jacksonville City
430      Council, two members appointed by the Clay County Board of
431      County Commissioners, and one member appointed by the Nassau
432      County Board of County Commissioners. At least one of the three
433      members appointed by the Governor must be a resident and
434      qualified elector of Clay County, Duval County, or Nassau
435      County. Each of the six members not appointed by the Governor
436      must be a resident and qualified elector of the county from
437      which he or she is appointed. Each member shall serve a term of
438      4 years beginning on June 1 of the year in which he or she is
439      appointed and shall hold office until a successor has been
440      appointed and has qualified. A vacancy on the board shall be
441      filled for the remainder of the unexpired term in the same
442      manner as the original appointment. Any member appointed to the
443      board for two consecutive full terms is not eligible for
444      appointment to the next succeeding term. The board shall
445      annually designate one of its members as chair, one of its
446      members as vice chair, and one of its members as secretary. The
447      members of the board are not entitled to compensation but shall
448      be reimbursed for travel expenses or other expenses actually
449      incurred in their duties as provided by law. Five voting members
450      of the board shall constitute a quorum, and a resolution adopted

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451      by the board may not become effective without the affirmat ive
452      vote of at least five members. Each member of the board shall
453      file as his or her mandatory financial disclosure a statement of
454      financial interests with the Commission on Ethics as provided in
455      s. 112.3145.
456                331.609      Treasurer; depositories; fiscal agent.—
457                (1)       The board shall designate an individual who is a
458      resident of the state, or a qualified public depository as
459      defined in s. 280.02, as treasurer of the authority, who shall
460      have charge of the funds of the authority. Such funds shall be
461      disbursed only upon the order of or pursuant to the resolution
462      of the board by warrant, check, authorization, or direct deposit
463      pursuant to s. 215.85, signed or authorized by the treasurer or
464      his or her representative or by any other person authorized by
465      the board. The board may give the treasurer such additional
466      powers and duties as it deems appropriate and shall determine
467      the treasurer's compensation. The board may require the
468      treasurer to give a bond in such amount, on such terms, and with
469      such sureties as are deemed satisfactory to the board to secure
470      the performance by the treasurer of his or her powers and
471      duties. The board shall audit or have audited the books of the
472      treasurer at least once per year.
473                (2)       The board may select as depositories in which the
474      funds of the board and of the authority shall be deposited a
475      qualified public depository as defined in s. 280.02, upon such

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476      terms and conditions as to the payment of interest on such funds
477      by such depository the board deems just and reasonable. The
478      funds of the authority may be kept in or removed from the State
479      Treasury upon written notification from the chair of the board
480      to the Chief Financial Officer.
481                (3)       The board may employ a fiscal agent, who shall be a
482      resident of this state or a corporation organized under the laws
483      of this or any other state and authorized by such laws to act as
484      such fiscal agent in such state.
485                331.610      Powers and duties of board of directors.—
486                (1)       The board of directors may:
487                (a)       Execute all contracts and other documents, adopt all
488      proceedings, and perform all acts determined by the board to be
489      necessary or desirable to carry out the purposes of this part.
490      The board may authorize one or more of its members to execute
491      contracts and other documents on behalf of the board or the
492      authority.
493                (b)       Establish and create such departments, committees, or
494      other entities as the board deems necessary or desirable in the
495      performance of any acts or other things necessary to the
496      exercise of the powers provided in this part, and delegate to
497      such departments, committees, or other entities such
498      administrative duties and other powers as the board deems
499      necessary or desirable.
500                (c)       Provide financial services to support commercial

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501      aerospace-related business development within the region.
502      Financial services may include, but are not limited to,
503      insuring, coinsuring, or originating for sale direct aerospace-
504      related loans; direct lending; guaranteeing and collateralizing
505      loans; creating accounts; capitalizing, underwriting, leasing,
506      selling, or securing funding for aerospace-related
507      infrastructure; investing in permissible securities; organizing
508      financial institutions and international bank syndicates; and
509      acquiring, accepting, or administering grants, contracts, and
510      fees from other organizations to perform activities that are
511      consistent with the purposes of the authority's business plan.
512      If the board determines that a financial services entity is
513      necessary, the board may create, form, or contract with one or
514      more such entities.
515                (d)       Execute intergovernmental agreements and development
516      agreements consistent with prevailing statutory provisions,
517      including, but not limited to, special benefits or tax increment
518      financing initiatives.
519                (e)       Establish reserve funds for future board operations.
520                (2)       The board of directors shall:
521                (a)       Adopt rules and orders to conduct the business of the
522      authority, the maintenance of records, and the form of all
523      documents and records of the authority. The board may adopt
524      rules with respect to any of the projects of the authority with
525      notice and a public hearing.

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526                (b)       Prepare an annual report of operations for the
527      previous fiscal year and submit the report to the Governor, the
528      President of the Senate, and the Speaker of the House of
529      Representatives by November 30. The report must include, but not
530      be limited to, a balance sheet, an income statement, a statement
531      of changes in financial position, a reconciliation of changes in
532      equity accounts, a summary of significant accounting principles,
533      the auditor's report, a summary of the status of existing and
534      proposed bonding projects, comments from management about the
535      year's business, and prospects for the following year.
536                331.611      Exercise of powers within municipalities and other
537      political subdivisions.—The authority may exercise any of its
538      rights, powers, privileges, and authority in any and all
539      portions of the regional spaceport lying within the boundaries
540      of any municipal corporation or other political subdivision the
541      boundaries of which lie wholly or partly within the geographical
542      limits of the regional spaceport, to the same extent and in the
543      same manner as in areas of the regional spaceport not
544      incorporated as part of a municipality or other political
545      subdivision. With respect to any municipal corporation or other
546      political subdivision the boundaries of which lie partly within
547      and partly without the geographical limits of the regional
548      spaceport, the authority may exercise its rights, powers,
549      privileges, and authority only within the portion of the
550      municipal corporation or other political subdivision lying

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551      within the boundaries of the regional spaceport.
552                331.612     Furnishing facilities and services within regional
553      spaceport.—The authority may construct, develop, create,
554      maintain, and operate its projects within the regional
555      spaceport, including any portions of the regional spaceport
556      located inside the boundaries of any incorporated municipality
557      or other political subdivision, and offer, supply, and furnish
558      the facilities and services provided for in this part to, and
559      establish and collect fees, rentals, and other charges from,
560      persons, public or private, within the geographical limits of
561      the regional spaceport and for the use of the authority itself.
562                331.613     Power of authority; roads.—Within the geographical
563      limits of the regional spaceport, the authority may acquire,
564      through purchase or interagency agreement, or as otherwise
565      provided by law, and construct, control, and maintain, roads
566      deemed necessary by the authority and connections thereto and
567      extensions thereof acquired, constructed, or maintained in
568      accordance with established highway safety standards. However,
569      if a road being addressed by the authority is owned by another
570      agency or jurisdiction, the authority, before proceeding with
571      the proposed project or work activity, must coordinate t he
572      desired work with the owning agency or jurisdiction or must
573      successfully execute an interagency agreement with the owning
574      agency or jurisdiction.
575                331.616     Revenues; procedure for adoption and modification;

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576      minimum requirements.—
577                (1)       To recover the costs of a spaceport facility or
578      system, the authority may prescribe, fix, establish, and collect
579      rates, fees, rentals, tolls, fares, or other charges,
580      hereinafter referred to as "revenues," and revise such revenues
581      from time to time, for the facilities and services furnished or
582      to be furnished by the authority and the spaceport, including,
583      but not limited to, launch pads, ranges, payload assembly and
584      processing facilities, visitor and tourist facilities,
585      transportation facilities, and parking and other related
586      facilities. The authority may provide for reasonable penalties
587      against any user or property for any such revenues that are
588      delinquent.
589                (2)       The board may enter into contracts for the use of the
590      projects of the authority and for the services and facilit ies
591      furnished or to be furnished by the authority, including, but
592      not limited to, launch services, payload assembly and
593      processing, and other commercial sector launch and aerospace -
594      related services, for such consideration and on such other terms
595      and conditions as the board approves. Such contracts, and
596      revenues or service charges received or to be received by the
597      authority thereunder, may be pledged as security for any of the
598      bonds of the authority.
599                331.617      Recovery of delinquent charges.—If any of the
600      rates, fees, rentals, tolls, fares, other charges, or delinquent

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601      penalties are not paid when due and are in default for 30 days
602      or more, the unpaid balance thereof and all interest accrued
603      thereon, together with attorney fees and costs, may be recovered
604      by the authority in a civil action.
605                331.618     Discontinuance of service.—If the rates, fees,
606      rentals, tolls, fares, or other charges for the services and
607      facilities of any project are not paid when due, the board may
608      discontinue and shut off such services and facilities until such
609      rates, fees, rentals, tolls, fares, or other charges, including
610      interest, penalties, and charges for the shutting off,
611      discontinuance, and restoration of such services and facilities,
612      are fully paid. Such delinquent rates, fees, rentals, tolls,
613      fares, or other charges, together with interest, penalties, and
614      charges for the shutting off, discontinuance, and restoration of
615      such services and facilities, and reasonable attorney fees and
616      other expenses, may be recovered by the authority by suit in any
617      court of competent jurisdiction. The authority may also enforce
618      payment of such delinquent rates, fees, rentals, tolls, fares,
619      or other charges by any other lawful method.
620                331.621     Federal and other funds and aid.—The Authority may
621      accept, receive, and receipt for federal moneys, property, and
622      other moneys or properties, either public or private, for the
623      acquisition, planning, operation, construction, enlargement,
624      improvement, maintenance, equipment, or development of programs,
625      facilities, and sites for the authority. The authority must

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626      comply with the laws of the United States and any rules and
627      regulations adopted thereunder for the expenditure of federal
628      moneys.
629                331.622      Agreements with municipalities within region.—The
630      board of directors and the governing body or bodies of one or
631      more municipalities located wholly or partly within the region
632      may enter into and execute contracts and agreements relating to
633      the common powers, duties, and functions of the board and other
634      officers, agents, and employees of the authority, and the
635      respective governing body or bodies of one or more such
636      municipalities, and their respective officers, agents, and
637      employees, for the purpose of effective cooperation between and
638      coordination of the efforts of such municipality or
639      municipalities and the authority in discharging their common
640      functions, powers, and duties and in rendering services to the
641      residents and property owners of such municipality or
642      municipalities and the authority. The board and the governing
643      body or bodies of one or more such municipalities may also enter
644      into and execute contracts and agreements for the performance of
645      any of their common powers, duties, and functions by a central
646      agency or common agent of the contracting parties.
647                331.623      Cooperative agreements with the state, counties,
648      and municipalities.—
649                (1)       The state and the counties, municipalities, and other
650      political subdivisions, public bodies, and agencies thereof may

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         HB 1303                                                                                               2022




651      aid and cooperate with the authority in carrying out any of the
652      purposes and projects of the authority, enter into cooperative
653      agreements with the authority, and provide in any such
654      cooperative agreement for the making of loans, gifts, grants, or
655      contributions to the authority and the granting and conveyance
656      to the authority of real or personal property of any kind or
657      nature, or any interest therein, for the carrying out of the
658      purpose and projects of the authority; covenant in any such
659      cooperative agreement to pay all or any part of the costs of
660      acquisition, planning, development, construction,
661      reconstruction, extension, improvement, operation, and
662      maintenance of any projects of the authority; and pay all or any
663      part of the principal and interest on any bonds of the
664      authority.
665                (2)       The state and the counties, municipalities, a nd other
666      political subdivisions, public bodies, and agencies thereof and
667      the authority may enter into cooperative agreements to provide
668      for the furnishing by the authority to the state or any county,
669      municipality, or other political subdivision, public bod y, or
670      agency thereof of any of the facilities and services of the
671      authority, or by the state or any county, municipality, or other
672      political subdivision, public body, or agency thereof to the
673      authority and to persons within the spaceport territory of
674      facilities and services of the type that the authority is
675      authorized to furnish or undertake, or such other facilities and

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676      services determined necessary or desirable by the board for the
677      carrying out of the purposes of this part. Without limitation of
678      the foregoing, such cooperative agreements may provide for the
679      furnishing by any county, municipality, or other political
680      subdivision of fire and police protection for the authority and
681      persons and property within the authority and for the provision
682      to the authority of any services deemed necessary or desirable
683      by the board for the proper functioning of the authority.
684                (3)       Without limitation of the foregoing, the board may
685      undertake and finance any of the projects of the authority, in
686      whole or in part, jointly with any municipality or
687      municipalities or in any other manner combine the projects of
688      the authority with the projects of such municipality or
689      municipalities.
690                (4)       Any agreement of the type authorized by this section
691      may be made and entered into under this part for up to 99 years.
692                331.624      Contracts, grants, and contributions.—The
693      authority may make and enter into all contracts and agreements
694      necessary or incidental to the performance of the functions of
695      the authority and the execution of its powers; may co ntract
696      with, and accept and receive grants or loans of money, material,
697      or property from, any person, private or public, as the board
698      determines is necessary or desirable to carry out the purposes
699      of this part; and, in connection with any such contract, grant,
700      or loan, may stipulate and agree to such covenants, terms, and

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701      conditions as the board deems appropriate.
702                331.625     Environmental permits.—The authority shall obtain
703      required environmental permits in accordance with federal and
704      state law and shall comply with chapter 380.
705                331.628     Sovereign immunity.—As an independent special
706      district, the authority has sovereign immunity in the same
707      manner as the state under the laws and Constitution of the State
708      of Florida. The state, by this section, waives the sovereign
709      immunity granted to the same extent as waived by the state under
710      state law.
711                331.630     Enforcement and penalties.—The board or any
712      aggrieved person may have recourse to such remedies in law and
713      equity as may be necessary to ensure compliance with thi s part,
714      including injunctive relief to enjoin or restrain any person
715      violating this part and any bylaws, resolutions, regulations,
716      rules, codes, or orders adopted under this part, and the court
717      shall, upon proof of such violation, issue such temporary and
718      permanent injunctions as are necessary to prevent further
719      violation thereof. If any building or structure is erected,
720      constructed, reconstructed, altered, repaired, converted, or
721      maintained, or any building, structure, land, or water is used,
722      in violation of this part or of any code, order, resolution, or
723      other regulation made under authority conferred by this part or
724      under law, the board may institute any appropriate action or
725      proceeding to prevent such unlawful erection, construction,

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726      reconstruction, alteration, repair, conversion, maintenance, or
727      use; to restrain, correct, or avoid such violation; to prevent
728      the occupancy of such building, structure, land, or water; and
729      to prevent any illegal act, conduct, business, or use in or
730      about such premises, land, or water.
731                331.631      Revenue bonds.—
732                (1)       Revenue bonds issued by the authority shall not be
733      deemed revenue bonds issued by the state or its agencies for
734      purposes of s. 11, Art. VII of the State Constitution and ss.
735      215.57-215.83. The authority shall include in its annual report
736      to the Governor and Legislature, as provided in s. 331.610, a
737      summary of the status of existing and proposed bonding projects.
738                (2)       The issuance of revenue bonds may be secured by or
739      payable from the gross or net pledge of the revenues to be
740      derived from any project or combination of projects; from the
741      rates, fees, rentals, tolls, fares, assessments, or other
742      charges to be collected from the users of any project or
743      projects; from any revenue-producing undertaking or activity of
744      the authority; or from any source of pledged security other than
745      state appropriations. Such bonds are not secured by the full
746      faith and credit of the authority. Bonds issued by the authority
747      are not secured by the full faith and credit of the authority
748      and do not constitute an obligation, general or special,
749      thereof.
750                (3)       Any two or more projects may be combined and

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751      consolidated into a single project and may thereafter be
752      operated and maintained as a single project. The revenue bonds
753      authorized herein may be issued to finance any one or more such
754      projects separately, or to finance two or more such projects,
755      regardless of whether such projects have been combined and
756      consolidated into a single project. If the board deems it
757      advisable, the proceedings authorizing such revenue bonds may
758      provide that the authority may thereafter combine the projects
759      then being financed or theretofore financed with other projects
760      to be subsequently financed by the authority on a parity with
761      the revenue bonds then being issued, all on such terms,
762      conditions, and limitations as shall be provided, and may
763      further provide that the revenues to be derived from the
764      subsequent projects shall at the time of the issuance of such
765      parity revenue bonds be also pledged to the holders of any
766      revenue bonds theretofore issued to finance the revenue
767      undertakings that are later combined with such subsequent
768      projects. The authority may pledge for the security of the
769      revenue bonds a fixed amount without regard to any fixed
770      proportion of the gross revenues of any project.
771                331.632     Issuance of additional bonds.—If the proceeds of
772      any bonds are less than the cost of completing the project in
773      connection with which such bonds are issued, the board may
774      authorize the issuance of additional bonds, upon such terms and
775      conditions as the board may provide in the resolution

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         HB 1303                                                                                               2022




776      authorizing such issuance, but only in compliance with the
777      resolution or other proceedings authorizing the issuance of the
778      original bonds.
779                331.633     Refunding bonds.—The authority, through its board,
780      may issue bonds to provide for the retirement or refunding of
781      any bonds or obligations of the authority that at the time of
782      such issuance are, or subsequently thereto become, due and
783      payable, or that at the time of issuance have been called, or
784      are or will be subject to call, for redemption within 10 years
785      thereafter, or the surrender of which can be procured from the
786      holders thereof at prices satisfactory to the board. Refunding
787      bonds may be issued at any time when, in the judgment of the
788      board, such issuance will be advantageous to the authority. The
789      provisions of this part pertaining to bonds of the authority
790      shall, unless the context otherwise requires, govern the
791      issuance of refunding bonds, the form and other details thereof,
792      the rights of the holders thereof, and the duties of the board
793      with respect thereto.
794                331.635     Lien of pledges.—All pledges of revenues made
795      pursuant to this part shall be valid and binding from the time
796      such pledges are made. All such revenues so pledged and
797      thereafter collected shall immediately be subject to the lien of
798      such pledges without any physical delivery thereof or further
799      action, and the lien of such pledges shall be valid and binding
800      as against all parties having claims of any kind in tort,

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         HB 1303                                                                                               2022




801      contract, or otherwise against the authority, regardless of
802      whether such parties have notice thereof.
803                331.638     Trust agreements.—In the discretion of the board,
804      any issue of bonds may be secured by a trust agreement by and
805      between the authority and a corporate trustee, which may be any
806      trust company or bank having the powers of a trust company
807      within or outside the state. The resolution authorizing the
808      issuance of the bonds or such trust agreement may pledge the
809      revenues to be received from any projects of the authority and
810      any other authorized moneys to be used for the repayment of
811      bonds and may contain such provisions for protecting and
812      enforcing the rights and remedies of the bondholders as the
813      board may approve, including, without limitation, covenants
814      setting forth the duties of the authority in relation to the
815      acquisition, planning, development, construction,
816      reconstruction, improvement, maintenance, repair, operation, and
817      insurance of any projects, the fixing and revision of the rates,
818      fees, rentals, tolls, fares, and charges, and the custody,
819      safeguarding, and application of all moneys, and for the
820      employment of consulting engineers in connection with such
821      acquisition, planning, development, construction,
822      reconstruction, improvement, maintenance, repair, or operation.
823      It shall be lawful for any bank or trust company incorporated
824      under the laws of the state or the United States which may act
825      as a depository of the proceeds of bonds or of revenues to

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         HB 1303                                                                                               2022




826      furnish such indemnifying bonds or to pledge such securities as
827      required by the authority. Such resolution or trust agreement
828      may set forth the rights and remedies of the bondholders and of
829      the trustee, if any, and may restrict the individual right of
830      action by bondholders. The board may provide for the payment of
831      the proceeds of the sale of the bonds and the revenues of any
832      project to such officer, board, or depository as it may
833      designate for the custody thereof, and for the method of
834      disbursement thereof, with such safeguards and restrictions as
835      it may determine. All expenses incurred in carrying out such
836      resolution or trust agreement may be treated as part of the cost
837      of the project to which such trust agreement pertains.
838                331.639     Sale of bonds.—Bonds may be sold in blocks or
839      installments at different times, or an entire issue o r series
840      may be sold at one time. Bonds may only be sold at public sale
841      after being advertised and publicly noticed, unless the
842      authority has previously complied with s. 218.385. Bonds may be
843      sold or exchanged for refunding bonds. Special assessment and
844      revenue bonds may be delivered as payment by the authority of
845      the purchase price or lease of any project or part thereof, or a
846      combination of projects or parts thereof, or as the purchase
847      price of, or exchange for, any property, real, personal, or
848      mixed, including franchises, or services rendered by any
849      contractor, engineer, or other person, all at one time or in
850      blocks from time to time, in such manner and upon such terms as

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         HB 1303                                                                                               2022




851      the board in its discretion determines. The price or prices for
852      any bonds sold, exchanged, or delivered may be:
853                (1)       The money paid for the bonds.
854                (2)       The principal amount, plus accrued interest to date of
855      redemption or exchange, of outstanding obligations exchanged for
856      refunding bonds.
857                (3)       In the case of special assessment or revenue bonds,
858      the amount of any indebtedness to contractors or other persons
859      paid with such bonds, or the fair value of any properties
860      exchanged for the bonds, as determined by the board.
861                331.640      Authorization and form of bonds.—Bonds may be
862      authorized by resolution or resolutions of the board which are
863      adopted by a majority of all of the members thereof then in
864      office and present at the meeting at which the resolution or
865      resolutions are adopted and shall be approved as provided in s.
866      331.605. The resolution or resolutions of the board may be
867      adopted at the same meeting at which they are introduced and
868      shall be published and noticed. The board may by resolution
869      authorize the issuance of bonds and determine the aggregate
870      amount of bonds to be issued, the purpose or purposes for which
871      the moneys derived therefrom shall be expended, the rate or
872      rates of interest, the denomination of the bonds, whether the
873      bonds are to be issued in one or more series, the date or dates
874      thereof, the date or dates of maturity, which shall not exceed
875      30 years from their respective dates of issuance, the medium of

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         HB 1303                                                                                               2022




876      payment, the place or places within or without the state where
877      payment shall be made, registration privileges, redemption terms
878      and privileges, whether with or without premium, the manner of
879      execution, the form of the bonds including any interest coupons
880      to be attached thereto, the manner of execution of bonds and
881      coupons, and any and all other terms, covenants, and conditions
882      thereof, and the establishment of reserve or other funds. Such
883      authorizing resolution may further provide that such bonds may
884      be executed manually or by engraved, lithographed, or facsimile
885      signature, provided that where signatures are engraved,
886      lithographed, or facsimile, a bond is not valid unless
887      countersigned by a registrar or other officer designated by
888      appropriate resolution of the board. The seal of the authority
889      may be affixed, lithographed, engraved, or otherwise reproduced
890      in facsimile on such bonds. If any officer whose signature or a
891      facsimile of whose signature appears on any bonds or coupons
892      ceases to be such officer before the delivery of such bonds,
893      such signature or facsimile is nevertheless valid and sufficient
894      for all purposes as if the officer had remained in office until
895      such delivery.
896                331.641     Interim certificates; replacement certificates. —
897      Pending the preparation of definitive bonds, the board may issue
898      interim certificates or receipts or temporary bonds, in such
899      form and with such provisions as the board determines,
900      exchangeable for definitive bonds when such bonds have been

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         HB 1303                                                                                               2022




901      executed and are available for delivery. The board may also
902      provide for the replacement of any bonds that are mutilated,
903      lost, or destroyed.
904                331.642     Negotiability of bonds.—Any bond issued under this
905      part and any interim certificate, receipt, or temporary bond
906      shall, in the absence of an express recital on the face thereof
907      that it is nonnegotiable, be fully negotiable and shall be and
908      constitute negotiable instruments within the meaning and for all
909      purposes of the law merchant and the laws of the State of
910      Florida.
911                331.643     Defeasance.—The board may make such provision with
912      respect to the defeasance of the right, title, and interest of
913      the holders of any of the bonds and obligations of the authority
914      in any revenues, funds, or other properties by which such bonds
915      are secured as the board deems appropriate and, without
916      limitation on the foregoing, may provide that when such bonds or
917      obligations become due and payable or have been called for
918      redemption, and the whole amount of the principal and the
919      interest and premium, if any, due and payable upon the bonds or
920      obligations when outstanding are paid, or sufficient moneys or
921      direct obligations of the United States Government the principal
922      of and the interest on which, when due, will provide sufficient
923      moneys, are held or deposited in trust for such purpose, and
924      provision shall also be made for paying all other sums payable
925      in connection with such bonds or other obligations, then the

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         HB 1303                                                                                               2022




926      right, title, and interest of the holders of the bonds in any
927      revenues, funds, or other properties by which such bonds are
928      secured shall thereupon cease, terminate, and become void. The
929      board may apply any surplus in any sinking fund established in
930      connection with such bonds or obligations and all balances
931      remaining in all other funds or accounts other than money held
932      for the redemption or payment of the bonds or other obligations
933      to any lawful purpose of the authority as the board determines.
934                331.644     Bonds as legal investment or security.—
935      Notwithstanding any other provision of law to the contrary, all
936      bonds issued under this part shall constitute legal investments
937      for savings banks, banks, trust companies, insurance companies,
938      executors, administrators, trustees, guardians, and other
939      fiduciaries, and for any board, body, agency, instrumentality,
940      county, municipality, or other political subdivision of the
941      state, and shall constitute securities that may be deposited by
942      banks or trust companies as security for deposits of state,
943      county, municipal, or other public funds or by insurance
944      companies as required or voluntary statutory deposits.
945                331.645     Covenants.—Any resolution authorizing the issuance
946      of bonds may contain such covenants as the board deems
947      advisable, and all such covenants shall constitute valid,
948      legally binding, and enforceable contracts between the authority
949      and the bondholders, regardless of the time of issuance thereof.
950      Such covenants may include, without limitation, covenants

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         HB 1303                                                                                               2022




951      concerning the disposition of the bond proceeds, the use a nd
952      disposition of project revenues, the pledging of revenues and
953      assessments, the obligations of the authority with respect to
954      the operation of the project and the maintenance of adequate
955      project revenues, the issuance of additional bonds, the
956      appointment, powers, and duties of trustees and receivers, the
957      acquisition of outstanding bonds and obligations, restrictions
958      on the establishment of competing projects or facilities,
959      restrictions on the sale or disposal of the assets and property
960      of the authority, the priority of assessment liens, the priority
961      of claims by bondholders on the taxing power of the authority,
962      the maintenance of deposits to ensure the payment of revenues by
963      users of spaceport facilities and services, the discontinuance
964      of authority services by reason of delinquent payments,
965      acceleration upon default, the execution of necessary
966      instruments, the procedure for amending or abrogating covenants
967      with the bondholders, and such other covenants as may be deemed
968      necessary or desirable for the security of the bondholders.
969                331.646     Validity of bonds; validation proceedings. —Any
970      bonds issued by the authority shall be incontestable in the
971      hands of bona fide purchasers or holders for value and shall not
972      be invalid because of any irregularity or defect in the
973      proceedings for the issue and sale thereof. Before the issuance
974      of any bonds, the authority shall publish a notice at least once
975      in a newspaper or newspapers published or of general circulation

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          HB 1303                                                                                               2022




 976      in the appropriate county or counties in the state, statin g the
 977      date of adoption of the resolution authorizing such obligations,
 978      the amount, maximum rate of interest, and maturity of such
 979      obligations, and the purpose in general terms for which such
 980      obligations are to be issued, and further stating that any
 981      action or proceeding questioning the validity of such
 982      obligations or of the proceedings authorizing the issuance
 983      thereof, or of any covenants made therein, must be instituted
 984      within 20 days after the first publication of such notice, or
 985      the validity of such obligations, proceedings, and covenants
 986      shall not be thereafter questioned in any court. If no such
 987      action or proceeding is instituted within such 20-day period,
 988      the validity of such obligations, proceedings, and covenants
 989      shall be conclusive, and all persons or parties shall be forever
 990      barred from questioning the validity of such obligations,
 991      proceedings, or covenants in any court. Alternatively, the
 992      authority may validate its bonds pursuant to chapter 75.
 993                331.647     Part furnishes full authority for issuance o f
 994      bonds.—This part constitutes full and complete authority for the
 995      issuance of bonds and the exercise of the powers of the
 996      authority provided in this part. Any and all bonds issued by the
 997      authority shall not be secured by the full faith and credit of
 998      the state and do not constitute an obligation, general or
 999      special, of the state.
1000                331.648     Investment of funds.—The board may in its

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          HB 1303                                                                                               2022




1001      discretion invest funds of the authority through the Chief
1002      Financial Officer or in:
1003                (1)       Direct obligations of or obligations guaranteed by the
1004      United States or for the payment of the principal and interest
1005      of which the faith and credit of the United States is pledged.
1006                (2)       Bonds or notes issued by any of the following federal
1007      agencies:
1008                (a)       Bank for Cooperatives.
1009                (b)       Federal intermediate credit banks.
1010                (c)       Federal home loan bank system.
1011                (d)       Federal land banks.
1012                (e)       Federal National Mortgage Association, including
1013      debentures or participating certificates issued by such
1014      association.
1015                (3)       Public housing bonds issued by public housing
1016      authorities and secured by a pledge or annual contributions
1017      under an annual contribution contract or contracts with the
1018      United States.
1019                (4)       Bonds or other interest-bearing obligations of any
1020      county, district, city, or town located in the state for which
1021      the full faith and credit of such political subdivision is
1022      pledged.
1023                (5)       Any investment authorized for insurers by ss. 625.306 -
1024      625.316 and any amendments thereto.
1025                (6)       Any investment authorized under s. 17.57 and any

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          HB 1303                                                                                               2022




1026      amendments thereto.
1027                331.649      Fiscal year of authority.—The board may establish
1028      and from time to time redetermine the fiscal year of the
1029      authority. Unless the board otherwise provides, the authority's
1030      fiscal year shall be July 1 through June 30.
1031                331.650      Insurance coverage of authority; safety program.—
1032                (1)       Notwithstanding any other provision of law, the State
1033      Risk Management Trust Fund established under s. 284.30 may not
1034      insure buildings and property owned or leased by the authority.
1035                (2)       Notwithstanding any other provision of law, the State
1036      Risk Management Trust Fund established under s. 284.30 may not
1037      insure against any liability of the authority.
1038                (3)       The authority shall establish a safety program. The
1039      safety program shall include:
1040                (a)       Development and implementation of a loss prevention
1041      program which shall consist of a comprehensive safety program
1042      for the authority, including a statement, established by the
1043      board, of safety policy and responsibility.
1044                (b)       Provision for regular and periodic facility and
1045      equipment inspections.
1046                (c)       Investigation of job-related employee accidents and
1047      other accidents occurring on the premises of the authority or
1048      within areas of its jurisdiction.
1049                (d)       Establishment of a program to promote increased safety
1050      awareness among employees, agents, and subcontractors of the

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          HB 1303                                                                                               2022




1051      authority.
1052                (4)(a)      The authority shall, if available, secure insurance
1053      coverage within reasonable limits for liability that may arise
1054      as a consequence of its responsibilities.
1055                (b)       The authority shall, if available and cost-effective,
1056      secure reasonable levels of insurance coverage on its buildings,
1057      facilities, and property.
1058                (c)       The authority, with respect to the purchase of
1059      insurance, shall be subject to the applicable provisions of
1060      chapter 287 and other applicable law.
1061                331.651      Participation by women, minorities, and socially
1062      and economically disadvantaged business enterprises encouraged. —
1063      It is the intent of the Legislature and the public policy of
1064      this state that women, minorities, and socially and economically
1065      disadvantaged business enterprises be encouraged to participate
1066      fully in all phases of economic and community development.
1067      Accordingly, to achieve such purpose, the authority shall, in
1068      accordance with applicable state and federal law, involve and
1069      utilize women, minorities, and socially and economically
1070      disadvantaged business enterprises in all phases of the design,
1071      development, construction, maintenance, and operation of
1072      spaceports developed under this part.
1073                331.654      Tax exemption.—The exercise of the powers granted
1074      by this part in all respects shall be for the benefit of the
1075      people of the state, for the increase of their industry and

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          HB 1303                                                                                               2022




1076      prosperity, for the improvement of their health and living
1077      conditions, and for the provision of gainful employment and
1078      shall constitute the performance of essential public functions.
1079      The authority is not required to pay any taxes on any project or
1080      any other property owned by the authority under this part or on
1081      the income therefrom. The bonds issued under this part or on the
1082      income therefrom, including any profit made on the sale thereof,
1083      and all notes, mortgages, security agreements, letters of
1084      credit, or other instruments that arise out of or are given to
1085      secure the repayment of bonds issued in connection with a
1086      project financed under this part shall at all times be free from
1087      taxation by the state or any local unit, political subdivision,
1088      or other instrumentality of the state. However, this section
1089      does not exempt from taxation or assessments the leasehold
1090      interest of a lessee in any project or any other property or
1091      interest owned by the lessee. The exemption granted by this
1092      section is not applicable to any tax imposed by chapter 220 on
1093      interest, income, or profits on debt obligations owned by
1094      corporations.
1095                331.655     Use of name; ownership rights to intellectual
1096      property.—
1097                (1)(a)     The corporate name of a corporation incorporated or
1098      authorized to transact business in this state, or the name of
1099      any person or business entity transacting business in this
1100      state, may not use the words "Northeast Florida Regional

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          HB 1303                                                                                               2022




1101      Spaceport Authority" in its name unless the board gives written
1102      approval for such use.
1103                (b)       The Department of State may dissolve, pursuant to s.
1104      607.1420, any corporation that violates paragraph (a).
1105                (2)       Notwithstanding any provision of chapter 286, the
1106      legal title and every right, interest, claim, or demand of any
1107      kind in and to any patent, trademark, copyright, certification
1108      mark, or other right acquired under the patent and trademark
1109      laws of the United States or this state or any foreign country,
1110      or the application for the same, as is owned or held, acquired,
1111      or developed by the authority, under the authority and
1112      directions given it by this part, is vested in the authority for
1113      the use, benefit, and purposes provided in this part. The
1114      authority is vested with and may exercise any and all of the
1115      normal incidents of such ownership, including the receipt and
1116      disposition of royalties. Any sums received as royalties from
1117      any such rights are appropriated to the authority for any and
1118      all of the purposes and uses provided in this part.
1119                331.660      Joint participation agreement or assistance;
1120      spaceport master plan.—
1121                (1)       Notwithstanding any other provision of law, the
1122      Department of Transportation may enter into a joint
1123      participation agreement with, or otherwise assist, the authority
1124      as necessary to effectuate this part and may allocate funds for
1125      such purposes in its 5-year work program. However, the

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          HB 1303                                                                                               2022




1126      department may not fund the administrative or operational costs
1127      of the authority.
1128                (2)       The authority shall develop a spaceport master plan
1129      for expansion and modernization of space transportation
1130      facilities within the region. The plan shall contain recommended
1131      projects to meet current and future commercial, national, and
1132      state space transportation requirements. The authority shall
1133      submit the plan to any appropriate metropolitan planning
1134      organization for review of intermodal impacts. The authority
1135      shall submit the plan to the Department of Transportation, and
1136      such plan may be included within the department's 5 -year work
1137      program of qualifying commercial sector launch and spaceport
1138      discretionary capacity improvement under subsection (3). The
1139      plan shall identify appropriate funding levels and include
1140      recommendations on appropriate sources of revenue that may be
1141      developed to contribute to the State Transportation Trust Fund.
1142                (3)       Subject to the availability of appropriated funds, the
1143      department may participate in the capital cost of eligible
1144      spaceport discretionary capacity improvement projects. The
1145      annual legislative budget request shall be based on the proposed
1146      funding requested for approved spaceport discretionary capacity
1147      improvement projects.
1148                331.661      Construction.—This part supersedes any general or
1149      special act that is inconsistent with this part to the extent o f
1150      such inconsistency.

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          HB 1303                                                                                               2022




1151                Section 2.       This act shall take effect July 1, 2022.




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HB 1435
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     HB 1435 Code and Traffic Enforcement
SPONSOR(S): Leek
TIED BILLS:       IDEN./SIM. BILLS: SB 1954

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  1) Criminal Justice & Public Safety Subcommittee            16 Y, 1 N               Padgett            Hall

  2) Tourism, Infrastructure & Energy Subcommittee                                    Neuffer            Keating

  3) Judiciary Committee


                                                SUMMARY ANALYSIS
The ease of communicating over social media allows virtually anyone to organize spontaneous “pop-up”
events that can attract large crowds, overwhelm local resources, and endanger the safety of the general public.
During the summer of 2021, several pop-up events brought huge crowds to Daytona Beach, leading to packed
roads, fights, unruly behavior, property damage, excessive noise, and complaints from tourists and residents.
Although such behavior is prohibited under current law, law enforcement agencies and local government
officials indicate that existing statutes are not a strong enough deterrent to curb such lawless behavior when an
area is flooded with crowds, often with little or no notice to the local government.

The bill creates s. 316.1891, F.S., to assist local governments in responding to such pop-up events. The bill
authorizes the sheriff or chief administrative officer of a county or municipality to designate an area as a special
event zone in response to a special event, defined as an unpermitted activity or event organized or promoted
via a social media platform which is attended by 50 or more persons and substantially increases or disrupts the
normal flow of traffic on a roadway, street, or highway. The bill:
     Doubles the statutory fine for any noncriminal traffic infraction that occurs within a special event zone;
     Allows a law enforcement officer to impound a vehicle for up to 72 hours for any criminal traffic violation
        or noncriminal traffic infraction that occurs in a special event zone;
     Authorizes a law enforcement officer to enforce occupancy limits in a special event zone; and
     Provides for the recovery of costs associated with designating and enforcing a special event zone from
        the organizer or promoter of the special event.

The bill also amends s. 316.3045, F.S., which prohibits excessive noise emanating from a motor vehicle, by
removing the portion of statute which the Supreme Court of Florida deemed invalid in 2012. Additionally, the
bill updates the types of soundmaking devices that are subject to such noise limitations and authorizes a local
authority to impose more stringent regulations than those currently provided in statute.

The bill may have an indeterminate positive fiscal impact on state and local governments from the increased
fines for noncriminal traffic infractions that occur in a special event zone. The bill may have an indeterminate
positive fiscal impact on local governments by authorizing a local government to recover the costs of
designating and enforcing a special event zone from the promoter or organizer of a special event.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1435b.TIE
DATE: 2/4/2022
                                                         FULL ANALYSIS

                                                  I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Present Situation

         Special Event Zones

         The ease of communicating over social media allows virtually anyone to organize spontaneous “pop-
         up” events that can attract large crowds, overwhelm local resources, and endanger the safety of the
         general public. During the 2021 Memorial Day weekend, an unpermitted pop-up event that was
         promoted on social media brought huge crowds to Daytona Beach. 1 The influx of people and resulting
         traffic congestion required law enforcement officers to close roads and bridges and limit beach access.2
         A month later, in June 2021, another unpermitted pop-up event brought approximately 35,000 people to
         Daytona Beach; leading to packed roads, fights, unruly behavior, property damage, excessive noise,
         and complaints from tourists and residents.3 Although such behavior is prohibited under current law,
         law enforcement agencies and local government officials indicate that existing statutes are not a strong
         enough deterrent to curb such lawless behavior when an area is flooded with crowds , often with little or
         no notice to the local government.

         Excessive Noise

         Section 316.3045, F.S., provides that it is a noncriminal traffic infraction4 for any person operating or
         occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio,
         tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so
         that the sound is:
              Plainly audible at a distance of 25 feet or more from the motor vehicle; or
              Louder than necessary for the convenient hearing by persons inside the vehicle in areas
                 adjoining churches, schools, or hospitals.

         The provisions of s. 316.3045, F.S., do not apply to any law enforcement or emergency vehicles
         equipped with any communication device necessary for the performance of their duties, or to motor
         vehicles used for business or political purposes, which in the normal course of conducting such
         business use soundmaking devices.

         In 2012, the Florida Supreme Court struck down s. 316.3045, F.S., holding that the statute was
         unconstitutionally overbroad because the exemption for vehicles used for business or political purposes
         created an impermissible content-based restriction on speech that was not narrowly tailored and
         protected commercial speech to a greater degree than noncommercial speech.5 The Court held the
         unconstitutional portion of the statute exempting vehicles used for business or political purposes could
         not be severed from the remainder of the statute without expanding the scope of the statute beyond
         what the Legislature intended.6 Thus, the Court invalidated the statute in its entirety.7

         Effect of Proposed Changes


1 Hadas Brown, Crowds, concerning pictures prompt b ridge traffic closures in Daytona Beach , WESH (May 30, 2021),

https://www.wesh.com/article/crowds-concerning-pictures-prompt-bridge-traffic-closures-in-daytona-beach/36576831# (last visited Jan.
25, 2022).
2 Id.
3 Mike Springer and Sarah Wilson, Complaints call for Daytona Truck Meet not to return next year, WFTV (June 14, 2021),

https://www.wftv.com/news/local/volusia-county/complaints-call-daytona-truck-meet-not-return-next-
year/E2F5MBY6WVGDJF4NBI6QEYH45A/ (last visited Jan. 25, 2022).
4 A noncriminal traffic infraction in s. 316.3045, F.S., is punishable as a nonmoving violation under ch. 318, F.S. A nonmoving violation

is punishable by a fine of $30. S. 318.18(2), F.S.
5 State v. Catalano, et al., 104 So. 3d 1069 (Fla. 2012).
6 Id. at 1081.
7 Id.

STORAGE NAME: h1435b.TIE                                                                                                         PAGE: 2
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         Special Event Zones

         The bill creates s. 316.1891, F.S., which authorizes the sheriff or chief administrative officer of a county
         or municipality to designate an area as a special event zone in response to a special event that takes
         place or is reasonably anticipated to take place on a roadway, street, or highway over which the sheriff
         or chief administrative officer has jurisdiction. If a special event takes place or is reasonably anticipated
         to take place in multiple jurisdictions, the sheriff or chief administrative officer of each jurisdiction may
         coordinate to designate a special event zone covering multiple jurisdictions.

         The bill defines a “special event” as an unpermitted temporary activity or event organized or promoted
         via a social media platform 8 which is attended by 50 or more persons and substantially increases or
         disrupts the normal flow of traffic along a roadway, street, or highway.

         The bill defines a “special event zone” as a contiguous area on or along a roadway, street, or highway
         which is designated by warning signs, and includes a parking structure, a parking lot, or any other
         property, whether public or private, immediately adjacent to or along the designated area.

         The bill requires a sheriff or chief administrative officer to enforce a special event zone in a manner that
         causes the least inconvenience to the public and that is consistent with preserving the public health,
         safety, and welfare. The bill provides a special event zone must:
             Be designated by the posting of a clearly legible warning sign at each point of ingress or egress
                 stating, “Special Event Zone–All Fines Doubled.”
             Remain in effect as long as is reasonably necessary to ensure the public health, safety, and
                 welfare but may not remain in effect after the special event has dissipated.

         The bill provides for enhanced penalties for criminal traffic violations 9 and noncriminal traffic
         infractions 10 that occur within the boundaries of a special event zone. A law enforcement officer may
         impound the vehicle of any person who commits a criminal traffic violation or noncriminal traffic
         infraction in a special event zone for up to 72 hours. Unless the criminal charge or noncriminal
         infraction is dismissed, all costs and fees associated with such impoundment must be paid by the
         owner of a vehicle or, if a vehicle is leased or rented, by the person leasing or renting the vehicle. In
         addition, a person who commits a noncriminal traffic infraction in a special event zone is required to pay
         a fine double the amount provided in statute.

         The bill provides that a sheriff or chief administrative officer of a county or municipality with the authority
         to temporarily authorize a law enforcement officer to enforce occupancy limits on public or private
         property within a special event zone.11

         The bill provides the sheriff or chief administrative officer of a county or municipality that declares a
         special event zone may recover from a promoter or organizer of a special event all relevant costs or
         fees associated with designating and enforcing a special event zone. Such costs and fees include, but
         are not limited to, those incurred for providing supplemental law enforcement personnel, firefighters,
         emergency medical technicians or paramedics, and sanitation services. Under the bill, a “promoter or
         organizer” means a person or entity who arranges, organizes, or sponsors a special event.

8 A “social media platform” means any information service, system, Internet search engine, or access software provider that:

     Provides or enables computer access by multiple users to a computer server, including an Internet platform or a social media site;
     Operates as a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity;
     Does business in the state; and
     Satisfies at least one of the following thresholds:
       o Has annual gross revenues in excess of $100 million, as adjusted in January of each odd-numbered year to reflect any
            increase in the Consumer Price Index.
       o Has at least 100 million monthly individual platform participants globally.
The term does not include any information service, system, Internet s earch engine, or access software provider operated by a company
that owns and operates a theme park or entertainment complex as defined in s. 509.013, F.S. S. 501.2041(1)(g), F.S.
9 Examples of criminal traffic violations include reckless driving, racing, and driving under the influence.
10 Examples of noncriminal traffic infractions include speeding, careless driving, and failure to stop at a traffic s ignal.
11 Under current law, occupancy limits are prescribed by the State Fire Marshal and enforced by local fire service providers or, if a local

government has no organized fire service provider, an official designated by a local government. S. 633.118, F .S.
STORAGE NAME: h1435b.TIE                                                                                                          PAGE: 3
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       Excessive Noise

       The bill amends s. 316.3045, F.S., to make the excessive noise statute constitutional and update the
       language to improve enforcement. Specifically, the bill:
            Expands the types of soundmaking devices in a motor vehicle from which excessive noise is
               prohibited by including a compact disc player, portable music or video player, cellular telephone,
               tablet computer, laptop computer, stereo, television, musical instrument, or electronic
               soundmaking device.
            Provides a person violates the excessive noise prohibition by amplifying a sound that is louder
               than necessary for convenient hearing by a person inside a vehicle in an area adjoining private
               residences.
            Removes the noise exemption for vehicles used for business or political purposes, which cures
               the constitutional issue cited by the Florida Supreme Court.
            Provides that a local authority may impose more stringent regulations on sound produced by a
               radio or other mechanical or electronic soundmaking device that emanates from a motor
               vehicle.

       The bill provides an effective date of July 1, 2022.

   B. SECTION DIRECTORY:
       Section 1: Creates s. 316.1891, F.S., relating to designation of special event zones; definitions;
                  enhanced penalties; vehicle impoundment.

       Section 2: Amends s. 316.3045, F.S., relating to operation of radios or other mechanical soundmaking
                  devices or instruments in vehicles; exemptions.

       Section 3: Provides an effective date of July 1, 2022.

                           II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

   A. FISCAL IMPACT ON STATE GOVERNMENT:

       1. Revenues:
           See Fiscal Comments.

       2. Expenditures:
           None.

   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           See Fiscal Comments.

       2. Expenditures:
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       The bill may have an indeterminate positive fiscal impact on state and local governments from the
       increased fines for noncriminal traffic infractions that occur in a special event zone. The bill may have
       an indeterminate positive fiscal impact on local governments by authorizing a local government to
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       recover the costs of designating and enforcing a special event zone from the promoter or organizer of a
       special event.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not Applicable. The bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditures of funds; reduce the authority that counties or municipalities have
          to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking. The Department of Highway Safety and Motor
       Vehicles has sufficient rulemaking authority to implement the provisions of the bill.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                           IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




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           HB 1435                                                                                               2022




    1                                         A bill to be entitled
    2                An act relating to code and traffic enforcement;
    3                creating s. 316.1891, F.S.; providing definitions;
    4                authorizing a sheriff or chief administrative officer
    5                of a county or municipality to designate a special
    6                event zone under certain circumstances on a roadway ,
    7                street, or highway; providing requirements for a
    8                special event zone; providing enhanced penalties for a
    9                person who commits a noncriminal traffic infraction in
10                   a special event zone; authorizing a law enforcement
11                   officer to impound the motor vehicle of a person who
12                   commits a noncriminal traffic infraction or a criminal
13                   traffic violation in a special event zone; providing
14                   for the payment of costs and fees related thereto;
15                   providing applicability; authorizing a sheriff or
16                   chief administrative officer to grant certain
17                   temporary authority to a law enforcement officer in a
18                   special event zone; providing for recovery of costs
19                   and fees associated with designating and enforcing a
20                   special event zone; amending s. 316.3045, F.S.;
21                   revising the types of soundmaking devices or
22                   instruments subject to the prohibition against
23                   operating or amplifying sound from within a motor
24                   vehicle; applying such prohibition to sound emanating
25                   from a motor vehicle; prohibiting such operation or

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        HB 1435                                                                                               2022




26                amplification in areas adjoining private residences;
27                revising exemptions; providing construction; providing
28                a penalty; providing an effective date.
29
30      Be It Enacted by the Legislature of the State of Florida:
31
32                Section 1.        Section 316.1891, Florida Statutes, is created
33      to read:
34                316.1891         Designation of special event zones; definitions;
35      enhanced penalties; vehicle impoundment.—
36                (1)       As used in this section, the term:
37                (a)       "Promoter or organizer" means a person or entity who
38      arranges, organizes, or sponsors a special event.
39                (b)       "Special event" means an unpermitted temporary
40      activity or event organized or promoted via a social media
41      platform, as defined in s. 501.2041(1), which is attended by 50
42      or more persons and substantially increases or disrupts the
43      normal flow of traffic on a roadway, street, or highway.
44                (c)       "Special event zone" means a contiguous area on or
45      along a roadway, street, or highway which is designated by
46      warning signs. The term includes a parking structure, a parking
47      lot, or any other property, whether public or private,
48      immediately adjacent to or along the designated area.
49                (2)       In accordance with s. 316.008, the sheriff or chief
50      administrative officer of a county or municipality may designate

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        HB 1435                                                                                               2022




51      a special event zone in response to a special event that takes
52      place or is reasonably anticipated to take place on a roadway,
53      street, or highway over which the sheriff or chief
54      administrative officer has jurisdiction. If a special event
55      takes place or is reasonably anticipated to take place in
56      multiple jurisdictions, the sheriff or chief administrative
57      officer of each jurisdiction may coordinate to designate a
58      special event zone covering multiple jurisdictions.
59                (3)       The sheriff or chief administrative officer must
60      enforce a special event zone in a manner that causes the least
61      inconvenience to the public and that is consistent with
62      preserving the public health, safety, and welfare. A special
63      event zone must:
64                (a)       Be designated by the posting of a clearly legible
65      warning sign at each point of ingress or egress stating,
66      "Special Event Zone—All Fines Doubled."
67                (b)       Remain in effect as long as is reasonably necessary to
68      ensure the public health, safety, and welfare but may not remain
69      in effect after the special event has dissipated.
70                (4)       Notwithstanding any other provision of law, a person
71      who commits a noncriminal traffic infraction in a special event
72      zone must pay a fine double the amount provided in chapter 318.
73                (5)(a)      In addition to any other penalty authorized by this
74      section, a law enforcement officer may impound the motor vehicle
75      of a person who commits a noncriminal traffic infraction or a

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         HB 1435                                                                                               2022




 76      criminal traffic violation in a special event zone. The term of
 77      impoundment authorized under this subsection may not exceed 72
 78      hours.
 79                (b)       All costs and fees for the motor vehicle impoundment
 80      must be paid by the owner of the vehicle or, if the vehicle is
 81      leased or rented, by the person leasing or renting the vehicle,
 82      unless the noncriminal traffic infraction or the criminal charge
 83      is dismissed.
 84                (c)       Section 713.78 applies to a vehicle impounded under
 85      this subsection.
 86                (6)       Notwithstanding s. 633.118, the sheriff or chief
 87      administrative officer of a county or municipality may
 88      temporarily authorize a law enforcement officer to enforce
 89      occupancy limits on private or public property in a special
 90      event zone. Temporary authority granted under this subsection is
 91      supplemental to the authority granted in s. 633.118.
 92                (7)       The sheriff or chief administrative officer of a
 93      county or municipality who designates a special event zone may
 94      recover from a promoter or organizer of a special event all
 95      relevant costs and fees associated with designating and
 96      enforcing the special event zone, including, but not limited to,
 97      costs and fees for the provision of supplemental law
 98      enforcement, firefighter, emergency medical technician or
 99      paramedic, and sanitation services.
100                Section 2.       Section 316.3045, Florida Statutes, is amended

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         HB 1435                                                                                               2022




101      to read:
102                316.3045         Operation of radios or other mechanical or
103      electronic soundmaking devices or instruments in vehicles;
104      exemptions.—
105                (1)       A It is unlawful for any person operating or occupying
106      a motor vehicle on a street or highway may not to operate or
107      amplify the sound produced by a radio, tape player, compact disc
108      player, portable music or video player, cellular telephone,
109      tablet computer, laptop computer, stereo, television, musical
110      instrument, or other mechanical or electronic soundmaking device
111      or instrument, which sound emanates from within the motor
112      vehicle, so that the sound is:
113                (a)       Plainly audible at a distance of 25 feet or more from
114      the motor vehicle; or
115                (b)       Louder than necessary for the convenient hearing by
116      persons inside the vehicle in areas adjoining private
117      residences, churches, schools, or hospitals.
118                (2)       The provisions of This section does shall not apply to
119      a any law enforcement motor vehicle equipped with a any
120      communication device necessary in the performance of law
121      enforcement duties or to an any emergency vehicle equipped with
122      a any communication device necessary in the performance of any
123      emergency procedures.
124                (3)       The provisions of this section do not apply to motor
125      vehicles used for business or political purposes, which in the

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         HB 1435                                                                                               2022




126      normal course of conducting such business use soundmaking
127      devices. The provisions of this subsection shall not be deemed
128      to prevent local authorities, with respect to streets and
129      highways under their jurisdiction and within the reasonable
130      exercise of the police power, from regulating the time and
131      manner in which such business may be operated.
132                (3)(4)      The provisions of This section does do not apply to
133      the noise made by a horn or other warning device required or
134      permitted by s. 316.271. The Department of Highway Safety and
135      Motor Vehicles shall adopt promulgate rules defining "plainly
136      audible" and establish standards regarding how sound sho uld be
137      measured by law enforcement personnel who enforce the provisions
138      of this section.
139                (4)       This section does not prohibit a local authority from
140      lawfully imposing more stringent regulations on sound produced
141      by a radio or other mechanical or electronic soundmaking device
142      or instrument as described in subsection (1), which sound
143      emanates from a motor vehicle.
144                (5)       A violation of this section is a noncriminal traffic
145      infraction, punishable as a nonmoving violation as provided in
146      chapter 318.
147                Section 3.       This act shall take effect July 1, 2022.




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                                                                                                              hb1435-00
PCS for HB 673
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 673 Tourist Development Taxes
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS:       IDEN./SIM. BILLS: SB 1542

  REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                         BUDGET/POLICY CHIEF

  Orig. Comm.: Tourism, Infrastructure & Energy                                       Walsh              Keating
     Subcommittee

                                             SUMMARY ANALYSIS
The Local Option Tourist Development Act authorizes counties to levy five separate taxes on transient rental
transactions (tourist development taxes or TDTs), including:
     The original TDT, which may be levied at the rate of 1 or 2 percent.
     An additional 1 percent tax, which may be levied by counties who have previously levied the original
       TDT at the 1 or 2 percent rate for at least three years.
     A high tourism impact tax, which may be levied at an additional 1 percent.
     A professional sports franchise facility tax, which may be levied up to an additional 1 percent.
     An additional professional sports franchise facility tax no greater than 1 percent, which may be imposed
       by a county that has already levied the professional sports franchise facility tax

Counties must meet certain criteria and follow specific procedures in order to levy each of the different TDTs.
Current law authorizes counties to levy TDTs as a mechanism for funding a variety of tourist-related uses,
including tourism promotion and the financing and construction of public facilities needed to increase tourist-
related business activities in the county, beach restoration and maintenance projects, and convention centers
and professional sports franchise facilities. Certain qualifying counties may use up to ten percent of TDT
revenues to reimburse their expenses to provide public safety services.

Fiscally constrained counties are counties entirely within a rural area of opportunity or where a 1 mill levy
would raise no more than $5 million in annual tax revenue.

The bill allows a county that is located adjacent to the Gulf of Mexico or Atlantic Ocean and is designated as a
fiscally constrained county, as defined above, to use up to 10 percent of TDT revenue received to reimburse
expenses for public safety services. The fiscally constrained counties located adjacent to the Gulf of Mexico or
Atlantic Ocean whom the bill may benefit include: Dixie, Franklin, Gulf, Jefferson, Levy, Taylor, and Wakulla.

The bill does not appear to impact state or local government revenues or expenditures. See Fiscal Comments.

The bill provides an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs0673.TIE
DATE: 2/6/2022
                                                      FULL ANALYSIS

                                               I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
        Present Situation

        Tourist Development Taxes

        The Local Option Tourist Development Act1 authorizes counties to levy five separate taxes on transient
        rental2 transactions (tourist development taxes or TDTs). Depending on a county’s eligibility to levy
        such taxes, the maximum potential tax rate varies:
            The original TDT may be levied at the rate of 1 or 2 percent.3
            An additional 1 percent tax may be levied by counties who have previously levied the original
                TDT at the 1 or 2 percent rate for at least three years.4
            A high tourism impact tax may be levied at an additional 1 percent. 5
            A professional sports franchise facility tax may be levied up to an additional 1 percent. 6
            An additional professional sports franchise facility tax no greater than 1 percent may be
                imposed by a county that has already levied the professional sports franchise facility tax.7

        TDT Process

        Each county that levies the original 1 or 2 percent TDT is required to have a tourist development
        council.8 The tourist development council is a group of residents from the county who are appointed by
        the county governing board.9 The tourist development council, among other duties, makes
        recommendations to the county governing board for the effective operation of special projects or for
        uses of the TDT revenue.10

        Prior to the authorization of the original 1 or 2 percent TDT, the levy must be approved by a countywide
        referendum,11 and additional TDT levies must be authorized by a vote of the county’s governing board
        or by voter approval in a countywide referendum.12 Each county proposing to levy the original 1 or 2
        percent tax must then adopt an ordinance for the levy and imposition of the tax, 13 which must include a

1 Section 125.0104,   F.S.
2 Section 125.0104(3)(a)(1),   F.S. considers “transient rental” to be the rental or lease of any accommodation for a term of
six months or less.
3 Section 125.0104(3)(c), F.S. All sixty-seven of Florida’s counties are eligible to levy this tax, but only sixty-two counties

have done so, all at a rate of 2 percent. Office of Economic & Demographic Research (EDR), County Tax Rates: CY
2007-2022, available at http://edr.state.fl.us/Content/local-government/data/data-a-to-z/g-l.cfm (last visited Feb. 4, 2022).
These counties are estimated to realize $445 million in revenue from these taxes in the 2021-22 fiscal year. EDR, 2021
Local Government Financial Information Handbook (November 2021), p. 255, http://edr.state.fl.us/content/local-
government/reports/lgfih21.pdf (last visited Feb. 4, 2022).
4 Section 125.0104(3)(d), F.S. Fifty-six of the eligible fifty-nine counties levy this tax, with an estimated 2021-22 state fiscal

year collection of $185 million in revenue. EDR, 2021 Local Government Financial Information Handbook , supra note 3, at
259.
5 Section 125.0104(3)(m), F.S. Eight of the nine eligible counties levy this tax, with an estimated 2021-22 state fiscal year

collection of $102 million in revenue. Id. at 265.
6 Section 125.0104(3)(l), F.S. Revenue can be used to pay debt service on bonds for the construction or renovation of

professional sports franchise facilities, spring training facilities or professional sports franchises, and convention center s
and to promote and advertise tourism. Forty-five of the sixty-seven eligible counties levy this additional tax, with an
estimated 2021-22 state fiscal year collection of $205 million in revenue. Id. at 263.
7 Section 125.0104(3)(n), F.S. Thirty-one counties levy the additional professional sports franchise facility tax, with an

estimated 2021-22 state fiscal year collection of $150 million in revenue. Id. at 269.
8 Section 125.0104(4)(e), F.S.
9 Id.
10 Id.
11 Section 125.0104(6), F.S.
12 Section 125.0104(3)(d), F.S.
13 S. 125.0104(4)(a), F.S.
STORAGE NAME: pcs0673.TIE                                                                                                 PAGE: 2
DATE: 2/6/2022
        plan for tourist development prepared by the tourist development council. 14 The plan for tourist
        development must include the anticipated net tax revenue to be derived by the county for the two years
        following the tax levy, as well as a list of the proposed uses of the tax and the approximate cost for
        each project or use.15 The plan for tourist development may not be substantially amended except by
        ordinance enacted by an affirmative vote of a majority plus one additional member of the governing
        board.16

        TDT Uses

        Current law authorizes counties to levy and spend TDTs as a mechanism for funding a variety of
        tourist-related uses, including tourism promotion and the financing and construction of public facilities
        needed to increase tourist-related business activities in the county, beach restoration and maintenance
        projects, and convention centers and professional sports franchise facilities. 17 More specifically, the
        revenues derived from TDTs may be used for:18
             The acquisition, construction, extension, enlargement, remodeling, repair, or improvement of a
                publicly owned and operated convention center, sports stadium, sports arena, coliseum,
                auditorium, aquarium, or a museum that is publicly owned and operated or owned and operated
                by a not-for-profit organization, or promotion of a zoo.
             Promotion and advertising of tourism in the state.
             Funding of convention bureaus, tourist bureaus, tourist information centers, and news bureaus
                as county agencies, or by contract with chambers of commerce or similar associations in the
                county.
             Financing beach park facilities or beach improvement, maintenance, renourishment, restoration,
                and erosion control, including shoreline protection, enhancement, cleanup or restoration of
                inland lakes and rivers to which there is public access as those uses relate to the physical
                preservation of the beach, shoreline, or inland lake or river. 19
             In counties with populations less than 950,000, the acquisition, construction, extension,
                enlargement, remodeling, repair, or improvement, maintenance, operation, or promotion of
                zoos, fishing piers, or nature centers which are publicly owned and operated or owned and
                operated by a not-for-profit organization and open to the public.20
             Securing revenue bonds issued by the county for the acquisition, construction, extension,
                enlargement, remodeling, repair, or improvement of a publicly owned and operated convention
                center, sports stadium, sports arena, coliseum, auditorium, aquarium, or a museum, or financing
                beach park facilities or beach improvement, maintenance, renourishment, restoration, and
                erosion control.

        In addition, up to 10 percent of the tax revenue received by a county located adjacent to the Gulf of
        Mexico or the Atlantic Ocean may be used to reimburse expenses incurred in providing public safety
        services, including emergency medical services and law enforcement services, which are needed to
        address impacts related to increased tourism and visitors to an area. 21 However, current law does not
        allow some counties adjacent to the Gulf of Mexico or the Atlantic Ocean to reimburse these public
        safety service expenses when the county receives revenue from taxes levied pursuant to a tourist
        impact tax within an area of critical state concern,22 or if the county does not meet all of the following
        criteria:

14 S. 125.0104(4),   F.S.
15 See s. 125.0104(4),  F.S.
16 See s. 125.0104(4),  F.S. The provisions found in s. 125.0104(4)(a)-(d), F.S., do not apply to the high tourism impact
tax, the professional sports franchise facility tax, or the additional professional sports franchise facility tax.
17 Florida Legislative Committee on Intergovernmental Relations, Issue Brief: Utilization of Local Option Tourist Taxes by

Florida Counties in Fiscal Year 2009-10 (December 2009), http://edr.state.fl.us/Content/local-
government/reports/localopttourist09.pdf (last visited Feb. 4, 2022).
18 S. 125.0104, F.S.
19 In counties with populations less than 100,000, up to 10 percent of tourist development tax revenues may be used for

financing beach park facilities. See s. 125.0104(5)(a), F.S.
20 S. 125.0104(5)(b), F.S.
21 S. 125.0104(5)(c), F.S.
22 See S. 125.0108, F.S.
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                Generate a minimum of $10 million in annual proceeds from any tax, or any combination of
                 taxes, authorized to be levied pursuant to this section;
                Have at least three municipalities; or
                Have an estimated population of less than 225,000.23

        Revenues received by a county from the original 1 percent levy or the additional 1 percent levy can be
        used to pay debt service on bonds for the construction or renovation of professional sports franchise
        facilities, spring training facilities or professional sports franchises, and to promote and advertise
        tourism. The original 1 percent levy may also be used to operate or maintain a convention center. 24

        The use of TDT revenue for any purpose not expressly authorized in statute is expressly prohibited. 25

        Fiscally Constrained Counties

        Fiscally Constrained Counties are counties entirely within a rural area of opportunity or where a 1 mill
        levy would raise no more than $5 million in annual tax revenue.26 A rural area of opportunity is a rural
        community27 or region that has been adversely affected by an extraordinary economic event, severe
        distress, natural disaster, or that presents a unique economic development opportunity of regional
        impact, as designated by the Governor.28 Florida’s fiscally constrained counties are: Baker, Bradford,
        Calhoun, Columbia, Desoto, Dixie, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee,
        Hendry, Highlands, Holmes, Jackson, Jefferson, Lafayette, Liberty, Madison, Okeechobee, Putnam,
        Suwannee, Taylor, Union, Wakulla and Washington.29

        Effect of the Bill

        The bill allows a county that is located adjacent to the Gulf of Mexico or Atlantic Ocean and is
        designated as a fiscally constrained county, as defined by current law, to use up to 10 percent of TDT
        revenue received to reimburse expenses for public safety services. Qualifying counties may do so even
        if they are an area of critical state concern or do not meet the requirements currently in statute of
        generating $10 million in annual TDT proceeds, having at least 3 municipalities, and having a
        population less than 225,000.

        The fiscally constrained counties located adjacent to the Gulf of Mexico or Atlantic Ocean which the bill
        may benefit include: Dixie, Franklin, Gulf, Jefferson, Levy, Taylor, and Wakulla. 30

    B. SECTION DIRECTORY:
        Section 1: Amends s. 125.0104, F.S., relating to tourist development tax; procedure for levying;
        authorized uses; referendum; enforcement.

        Section 2: Provides an effective date of July 1, 2022.

                            II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

23 S. 125.0104(5)(c),  F.S.
24 S. 125.0104(5)(d).  F.S.
25 S. 125.0104(5)(e), F.S.
26 S. 218.67(1), F.S.
27 A “rural community” as the term relates to counties means a county with a population of 75,000 or fewer, or a county

with a population of 125,000 or fewer which is contiguous to a county with a population of 75,000 or fewer. See s.
288.0656(1)(e), F.S.
28 S. 288.0656(1)(d), F.S.
29 Florida Department of Revenue, Fiscally Constrained Counties,

https://floridarevenue.com/property/Documents/fcco081210.pdf (last visited Feb. 4, 2022).
30 These counties may not have previously qualified to use ten percent of TDT funds for public safety purposes because

none of the counties generated more than $10 million in TDT proceeds. See EDR, 2021 Local Government Financial
Information Handbook , supra note 3, at 260-61.
STORAGE NAME: pcs0673.TIE                                                                                         PAGE: 4
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       1. Revenues:
           None.

       2. Expenditures:
         None.
   B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

       1. Revenues:
           None. See Fiscal Comments.

       2. Expenditures:
           None. See Fiscal Comments.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       The bill authorizes certain counties to use existing TDT funds for the additional purpose of providing
       public safety services. This may encourage additional spending for public safety services in those
       counties but decrease spending of TDT funds for other purposes.

                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to require counties or municipalities to spend funds or take
          action requiring the expenditure of funds; reduce the authority that counties or municipalities have to
          raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
          municipalities.

       2. Other:
          None.

   B. RULE-MAKING AUTHORITY:
       The bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.

                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
   Not applicable.




STORAGE NAME: pcs0673.TIE                                                                                  PAGE: 5
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           PCS for HB 673                                                                                       2022




    1                                           A bill to be entitled
    2              An act relating to tourist development taxes; amending
    3              s. 125.0104, F.S.; authorizing certain fiscally
    4              constrained counties to be reimbursed for the use of
    5              tourist development tax revenues for certain purposes
    6              regardless of whether certain other requirements are
    7              met; correcting a cross-reference; providing an
    8              effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                 Section 1.           Paragraphs (d) and (e) of subsection (5) of
13         section 125.0104, Florida Statutes, are redesignated as
14         paragraphs (e) and (f), respectively, present paragraph (e) of
15         that subsection is amended, and new paragraph (d) is added to
16         that subsection, to read:
17                 125.0104            Tourist development tax; procedure for levying;
18         authorized uses; referendum; enforcement.—
19                 (5)          AUTHORIZED USES OF REVENUE.—
20                 (d)          A fiscally constrained county, as defined in s.
21         218.67(1) that is located adjacent to the Gulf of Mexico or the
22         Atlantic Ocean, may use up to 10 percent of the tourist
23         development tax revenues received to reimburse expenses incurred
24         in providing public safety services, even if the county
25         designated as a fiscally constrained county does not meet the

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        PCS for HB 673                                                                                       2022




26      requirements under paragraph (c).
27              (e)(d)       The revenues to be derived from the tourist
28      development tax may be pledged to secure and liquidate revenue
29      bonds issued by the county for the purposes set forth in
30      subparagraphs (a)1., 2., and 5. or for the purpose of refunding
31      bonds previously issued for such purposes, or both; however, no
32      more than 50 percent of the revenues from the tourist
33      development tax may be pledged to secure and liquidate revenue
34      bonds or revenue refunding bonds issued for the purposes set
35      forth in subparagraph (a)5. Such revenue bonds and revenue
36      refunding bonds may be authorized and issued in such principal
37      amounts, with such interest rates and maturity date s, and
38      subject to such other terms, conditions, and covenants as the
39      governing board of the county shall provide. The Legislature
40      intends that this paragraph be full and complete authority for
41      accomplishing such purposes, but such authority is supplemental
42      and additional to, and not in derogation of, any powers now
43      existing or later conferred under law.
44              (f)(e)       Any use of the local option tourist development tax
45      revenues collected pursuant to this section for a purpose not
46      expressly authorized by paragraph (3)(l) or paragraph (3)(n) or
47      paragraphs (a)-(e)(a)-(d) of this subsection is expressly
48      prohibited.
49              Section 2.         This act shall take effect July 1, 2022.



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PCS for HB 1517
                                  HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     PCS for HB 1517 Motor Vehicles
SPONSOR(S): Tourism, Infrastructure & Energy Subcommittee
TIED BILLS:       IDEN./SIM. BILLS:

    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF

    Orig. Comm.: Tourism, Infrastructure & Energy                                       Johnson            Keating
       Subcommittee

                                                SUMMARY ANALYSIS
Under Florida law, an application for a certificate of title on a motor vehicle or mobile home must be filed with
the Department of Highway Safety and Motor Vehicles (DHSMV) and be accompanied by the appropriate fees.
A certificate of title is the proof of ownership of a vehicle, mobile home, or vessel in Florida. After the purchase
of a motor vehicle or a mobile home from a licensed dealer, the dealer has 30 days to apply for a tag and title
for the purchaser. DHSMV may deny, suspend, or revoke the license of a dealer who shows a pattern of failing
to apply for the certificate within the prescribed period of time.

Florida law also authorizes DHSMV to issue temporary registration tags for motor vehicles. Unless otherwise
provided in law, a temporary tag is valid for 30 days, and no more than two temporary tags may be issued to
the same person for the same vehicle. The penalty for an expired tag begins as a noncriminal traffic infraction
and gradually becomes a second-degree misdemeanor.

The bill increases the length of time in which a motor vehicle dealer or mobile home dealer must apply to
DHSMV for a certificate of title for a motor vehicle or mobile home to 60 days after the delivery of the motor
vehicle or consummation of the sale of the motor home to the purchaser.

The bill also increases the length of time that most temporary tags are valid to 60 days.

The bill does not appear to impact state or local government revenues or expenditures.

The bill has an effective date of July 1, 2022.




This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: pcs1517.TIE
DATE: 2/4/2022
                                                        FULL ANALYSIS

                                                I. SUBSTANTIVE ANALYSIS

    A. EFFECT OF PROPOSED CHANGES:
         Current Situation

         Certificates of Title

         A certificate of title is the proof of ownership of a vehicle, mobile home, or vessel. Most vehicles, mobile
         homes, and vessels are required to be titled, except for mopeds, motorized bicycles, and trailers
         weighing less than 2,000 pounds.1 An application for a certificate of title must be filed with the
         Department of Highway Safety and Motor Vehicles (DHSMV) and be accompanied by the appropriate
         fee.2

         Under Florida law, after the purchase of a motor vehicle or a mobile home from a licensed dealer, the
         dealer has 30 days to apply for a tag and title on behalf of the purchaser. 3

         If a motor vehicle dealer fails to do so within the prescribed 30 days, DHSMV has the authority to deny,
         suspend, or revoke the dealer’s license, if the failure occurs with sufficient frequency to establish a
         pattern of wrongdoing.4

         DHSMV routinely monitors dealers that fail to apply for a title in 30 days as required by law. It focuses
         its resources only on those dealers with multiple title applications that are filed more than 75 days after
         the sale. DHSMV contacts the dealer to ask for an explanation and seeks compliance. If the
         explanation is not satisfactory, a notice of a failed records inspection is provided to the dealer. DHSMV
         then conducts a follow up inspection approximately 60 days later. If the problem persists, DHSMV can
         seek an administrative fine against the dealer. The fine is typically $250 to $500 per violation. However,
         DHSMV typically only fines dealers for applications that are filed more than 90 days from the sale
         date.5

         In recent years, the number of dealer transactions that were not filed by the 30-day deadline were:6

                                       Fiscal Year             Number of Transactions
                                       2018-2019               373,515
                                       2019-2020               337,355
                                       2020-2021               493,141

         Temporary Tags

         Florida law authorizes DHSMV to design, issue, and regulate the use of temporary tags for the
         following purposes:
               Where a dealer license plate may not be lawfully used.
               For a casual or private sale.
               For certified companies who transport motor vehicles, mobile homes, or recreational vehicles
                 from one place to another.
               For financial institutions for the purpose of demonstrating repossessions for sale.
               Where a motor vehicle is sold to a resident of another state.


1 Department of Highway Safety and Motor Vehicles, General Information, https://www.flhsmv.gov/motor-vehicles-tags-titles/liens-and-

titles/ (last visited Jan. 20, 2022).
2 S. 319.23(1), F.S.
3 S. 319.23(6)(a), F.S.
4 S. 320.27(9)(b)6., F.S.
5 E-mail from Kevin Jacobs, Legislative Affairs Director, Department of Highway Safety and Motor Vehicles, RE: HB 1517 Questions

(Jan. 24, 2022).
6 Id.

STORAGE NAME: pcs1517.TIE                                                                                                    PAGE: 2
DATE: 2/4/2022
                  Where a motor vehicle is required to be weighed or emission tested prior to registration or have
                   a vehicle identification number verified.
                  Where an out-of-state resident, subject to registration in this state, must secure ownership
                   documentation from his or her home state.
                  For a rental car company on vehicles offered for lease.
                  In the resolution of a consumer complaint.
                  While a personalized prestige or specialty license plate is being manufactured.
                  In any case where a permanent license plate cannot legally be issued to an applicant.
                  For use by licensed dealers to transport motor vehicles and recreational vehicles from the
                   dealer's licensed location to and from an off-premise sale.7

         Except otherwise specified in statute, a temporary tag is valid for 30 days, and no more than two
         temporary tags may be issued to the same person for the same vehicle. 8 For a registration that has
         been expired for less than six months, the violation is a noncriminal traffic infraction punishable as a
         nonmoving violation. The penalty moves to a second-degree misdemeanor for a second or subsequent
         offense of a motor vehicle registration that has been expired for greater than six months. 9

         Effect of the Bill

         The bill increases the length of time in which a motor vehicle dealer or mobile home dealer must apply
         to DHSMV for a certificate of title for a motor vehicle or mobile home to 60 days after the delivery of the
         motor vehicle or consummation of the sale of the motor home to the purchaser.

         The bill also increases the length of time that most temporary tags are valid to 60 days.

         The bill has an effective date of July 1, 2022.

    B. SECTION DIRECTORY:
         Section 1             Amends s. 319.23, F.S., relating to application for and issuance of, certificate of title.

         Section 2             Amends s. 320.21, F.S., relating to temporary tags.

         Section 3             Provides an effective date.


                                II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

    A. FISCAL IMPACT ON STATE GOVERNMENT:

         1. Revenues:
              None.

         2. Expenditures:
              None.

    B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

         1. Revenues:
              None.

         2. Expenditures:


7 S. 320.131(1), F.S.
8 S. 320.131(2), F.S.
9 Ss. 320.07(3)(a)-(c), F.S.

STORAGE NAME: pcs1517.TIE                                                                                             PAGE: 3
DATE: 2/4/2022
           None.

   C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
       None.

   D. FISCAL COMMENTS:
       None.


                                               III. COMMENTS

   A. CONSTITUTIONAL ISSUES:

       1. Applicability of Municipality/County Mandates Provision:
          Not applicable. This bill does not appear to impact county or municipal governments.

       2. Other:
          Not applicable.

   B. RULE-MAKING AUTHORITY:
       This bill does not require or authorize rulemaking.

   C. DRAFTING ISSUES OR OTHER COMMENTS:
       None.


                            IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.




STORAGE NAME: pcs1517.TIE                                                                        PAGE: 4
DATE: 2/4/2022
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           PCS for HB 1517                                                                                      2022




    1                                         A bill to be entitled
    2              An act relating to motor vehicles; amending s. 319.23,
    3              F.S.; revising the length of time that motor vehicle
    4              dealers and mobile home dealers have to obtain
    5              certificates of title in the name of a purchaser;
    6              amending s. 320.131, F.S.; increasing the length of
    7              time that a temporary tag must be valid; providing an
    8              effective date.
    9
10         Be It Enacted by the Legislature of the State of Florida:
11
12                 Section 1.         Paragraph (a) of subsection (6) of section
13         319.23, Florida Statutes, is amended to read:
14                 319.23       Application for, and issuance of, certificate of
15         title.—
16                 (6)(a)       In the case of the sale of a motor vehicle or
17         mobile home by a licensed dealer to a general purchaser, the
18         certificate of title must be obtained in the name of the
19         purchaser by the dealer upon application signed by the
20         purchaser, and in each other case the certificate must be
21         obtained by the purchaser. In each case of transfer of a motor
22         vehicle or mobile home, the application for a certificate of
23         title, a corrected certificate, or an assignment or reassignment
24         must be filed within 60 30 days after the delivery of the motor
25         vehicle or after consummation of the sale of the mobile home to

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        PCS for HB 1517                                                                                      2022




26      the purchaser. An applicant must pay a fee of $20, in addition
27      to all other fees and penalties required by law, for failing to
28      file such application within the specified time. In the case of
29      the sale of a motor vehicle by a licensed motor vehicle dealer
30      to a general purchaser who resides in another state or country,
31      the dealer is not required to apply for a certificate of title
32      for the motor vehicle; however, the dealer must transfer
33      ownership and reassign the certificate of title or
34      manufacturer's certificate of origin to the purchaser, and the
35      purchaser must sign an affidavit, as approved by the department,
36      that the purchaser will title and register the motor vehicle in
37      another state or country.
38              Section 2.         Subsection (2) of section 320.131, Florida
39      Statutes, is amended to read:
40              320.131        Temporary tags.—
41              (2)         The department is authorized to sell temporary tags,
42      in addition to those listed above, to their agents and where
43      need is demonstrated by a consumer complainant. The fee shall be
44      $2 each. One dollar from each tag sold shall be deposited into
45      the Brain and Spinal Cord Injury Program Trust Fund, with the
46      remaining proceeds being deposited into the Highway Safety
47      Operating Trust Fund. Agents of the department shall sell
48      temporary tags for $2 each and shall charge the service charge
49      authorized by s. 320.04 per transaction, regardless of the
50      quantity sold. Requests for purchase of temporary tags to the

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        PCS for HB 1517                                                                                      2022




51      department or its agents shall be made, where applicable, on
52      letterhead stationery and notarized. Except as specifically
53      provided otherwise, a temporary tag shall be valid for 60 30
54      days, and no more than two shall be issued to the same person
55      for the same vehicle.
56              Section 3.         This act shall take effect July 1, 2022.




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      TOURISM, INFRASTRUCTURE & ENERGY SUBCOMMITTEE

                     PCS for HB 1517 by Rep. D. Smith
                              Motor Vehicles

                           AMENDMENT SUMMARY
                              February 8, 2022


Amendment 1 by Rep. D. Smith (Line 38):

  •   Removes the provision authorizing a temporary tag to be valid for 60 days.
                                            COMMITTEE/SUBCOMMITTEE AMENDMENT
                                            Bill No. PCS for HB 1517   (2022)
       Amendment No. 1




            COMMITTEE/SUBCOMMITTEE ACTION
       ADOPTED                          (Y/N)
       ADOPTED AS AMENDED               (Y/N)
       ADOPTED W/O OBJECTION            (Y/N)
       FAILED TO ADOPT                  (Y/N)
       WITHDRAWN                        (Y/N)
       OTHER


 1     Committee/Subcommittee hearing bill:       Tourism, Infrastructure &
 2     Energy Subcommittee
 3     Representative Smith, D. offered the following:
 4
 5          Amendment (with title amendment)
 6          Remove lines 38-55
 7
 8
 9             -----------------------------------------------------
10                          T I T L E    A M E N D M E N T
11          Remove lines 6-7 and insert:
12     providing an




     PCS for HB 1517 a1
      Published On: 2/7/2022 4:19:40 PM
                                    Page 1 of 1


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